THE RAILROAD COMMONERS ENJOINED.A Bigr Legal Battle Be-

gun Yesterday by theSouthern Pacific.

TEMPORARY INJUNCTION

The Railroad Company Alleges

Confiscation of Its Prop-

erty.

ATTACK STANTON AND LARUE.

Weighty Questions of Constitu-tional Law and Equity for the

Circuit Court.

Yesterday afternoon the Southernimpany began its big legal

battle with the Railroad Commis-sioners by Sling in xne United StatesCircuit Court a formidable complaintasking that the Commissioners be en-joined from put;ing into effect its 8 percent: Q train rates, from adopt-

\u25a0i 23 percent reduction iucommodity rates, and from proceeding tomake any reduction in passenger rates.

Judge McKenna granted a temporary\u25a0ling order, to be considered on the

Inst., and fixed the hearing of the.lint for November 4. The complaint

1 up with strong affidavits byJ. C. C. F. Sinurr and other rail-: eople.

The railroad company attacks the Stateconstitution and the Legislative acts fromwhich the authority of the Commissionersproceed as being in conflict with the con-stitution of the United States, alleges thatthe reduced rates are unreasonable andunjust, that its property is being takenwithout due process oflaw and, confiscated,and that Railroad Commissioners Stantonand La Rue are disqualified from fixingthe rates of the complainant because theaction was taken in accordance with anelection piedge and not inaccordance withany evidence.

Railroad Commissioner LaRue came tothe City yesterday, and to-day he and Dr.Stanton willdetermine on a date for anearly meeting of the board. Attorney-General Fitzgerald will have at least nom-inal charge of the case, but special counselwill be employed by the Commissioners.

The suit brought involves the fullmeritsof the controversy, including the justice ofthe proposed reductions, the legality ofthe commission's acts, and the constitu-tionality of the laws giving it power.Pending the big legal battle, the commis-sion will be eßtopped from further pro-ceedings in the line of rate reductions.

Itis recited in the course of many pagesof the complaint among other things thatthe complainant is a corporation existingunder the laws of Kentucky and a citizenof that State; that the defendants deriveal! their authority and power from section22, article XIIbl the constitution, andfrom an act of the Legislature approvedApril 15, 1880; that the complainantoperates several lines of railroad, togetherwith their rolling stock and equipment?,which lines are operated as one railroad\u25a0vstem, called its Pacific system, and thatthe Pacific Company has a paid-up capital stock of $120,934,170, distributedamong 150 shareholders.

The various lines of railroad and thecorporations owning them between Port-land. Ugden and Kl Pa«o, comprising thePacific system of the Southern PacificCompany, are .enumerated. The indebt-edness and interest charges of the com-panies owning the lines so operated aregiven. Their indebtedness aggregates$95,337,400 and the annual interest chargeIB (8,417,234. These lines the complainantmust maintain, iay the taxes of and pro-vide for and pay the interest on thebondel indebtedness mentioned. Thecomplainant must pay into the treas-ury of the United States 25 per centof* the net earnings of the CentralPaciric road, and must pay $235,000annually into a sinking fund, andmust pay the Central Pacific Comnanyone-half of any net earnings above 6 percent of the par value of its stock, $67,-

I >e complainant must annually0 as rent for the roads operated,

and other required payments to the lessorsare specified. The companies owning thelints are the Oregon and California, the

al Pacific, the California Pacific, theNorthern, Northern California, Sooth Pa-cific Coast and the Southern Paciric Rail-road companies of California, Arizona andnew Mexico.

•iese companies, except the Cal-

ifornia Pacific and the Northern RailwayCompany, itis asserted, have formore thana year received any profit or net incomefrom fui.ds payable to them from the com-plainant or paid any dividends. The sur-plus received by thetwo companies men-tioned is less than 2^ per cent of its paid-up capital stock. The complainant has in-vested 14,832,49178 in the purchase ofproperty necessary for the operation of thegaid roads, and ofthis $-1,000,000 is investedin California.

"Inorder to enable your orator to oper-ate said railroads and* to secure to it theposh':tMon and us=e thereof, itis necessarythat its income therefrom should be suffi-cient to pay the cost ana expense of themaintenance thereof, ofthe service thereon,of the interest on said bonded indebted-ness and of the other fixed charges herein-before f-et forth, and your orator is law-fuiiv entitled to some compensation forthe use of the said several railroad proper-ties engaged, used and employed in itsbusiness, as aforesaid."Itis also decided that the interstate

tralficof the company is conducted at ratesi.xed under an act of Congress: that thetraiiic exclusively within the States ofCalifornia, Oregon and Nevada is con-ducted at rates fixed by the Railroad Com-

sionera of those Btates, and that the• aiiforniit rates are now lower, bothactually and relatively, than the rates soiixedin either of the other States. Saidrates were, until 1804, no more than suf-ficient to operate the roads, ana in 1894,when the business depression set in, thecomplainant at these rates was unable to

Say the operating expenses and chargesescribed."Your orator further shows that from

time to lime reductions have been made inits rates of freights on various commodi-ties transported by it over the said rail-roads operated by it wherever tne samelias been possible, fair or reasonable, sothat there has been a gradual and constantreduction in its paid rates of freight formore than six years last past, and that therevenue per ton per mile derived by yourorator fr.iii the freight transported byitfor the period commencing January 1,1889,down to and including the 30th day ofJune, 1895, was as follows, to-wit:

"Revenue per ton per mile for 1880, f]99;1890, $1 85; I*9l, $1 84; 1892, ?1 81; 1883,$157; 1894, $132; 1895 (to June 30), ?1 24."

The receipts of the company for 1894 are; I 5,522 61 and the expendi-

ture- ,!,leaving a deficiencyfor that year oi $27(5,262 70. For the firstBiz months of 1895 the receipts are given

77 and tbr expenditures $16,---812,302 10, tearing a deficiency for thatperiod of ?1,470,176 39. Tlie.se expendi-tures include operating expenses, taxes,reins, interest, sinking fundpayments and

to the United States for theCentral Pacific Company.

Strict pradence and economy in theitionof its lines is alleged." For the

year ending Juuc 30, 1805, there were em..

ployed seventy-one general officers, at adailv average compensation of $1(> 25, or ayearly compensation of $361,079 04. Ex-clusive of general officers, for that year itsemployes numbered 15,064, the daily aver-age compensation was $2 M,and the yearlycost was $11,972,667 73.

"Tenth—

Your orator further avers thatthe rates now in force upon the severalrailroads operated by it as aforesaid havebeen fixed according to circumstances andconditions surrounding the traffic andwith a careful regard for the financial,commercial and competitive conditionswhich enter into, affect or control themaking and relative adjustment of ratesand classifications and commodities in theterritory traversed by said railroads, andare equitable and fair to the patrons ofsaidrailroads, and in many cases are now fixedat the actual cost of transportation byreason of competition with other carriersby railroad and water."

The resolution adopted by the Board ofRailroad Commissioners September 12,1895, making the 8 per cent reduction atissue and declaring the intention to makea 25 per cent cut on other commodities, ibrecited, and also the service of the newschedule of grain rates on September 26.Itis declared that the reductions were

made arbitrarily and without any evidenceshowing that the reduced rates would bejust or reasonable, but on the contrary allthe evidence before the board showed* the

\u25a0opposite. Such rates would work seriousana irreparable injury to and destructionof the property and property rights of thecomplainant. Asnearly as can be estimatedit would diminish the revenues of thecompany more than $1,600,000, leavingthem wholly insufficient to meet theoperating expenses and fixed charges ofthe company, and the deficiency for nextyear would exceed $4,000,000." The pro-posed reduced rates would seriously affectthe interstate business of the companybesides.Itis alleged that the defendants threaten

to reduce pass-neer fares, which are justand reasonable, and thus further preventthe complainant from paying its expenses.

A strong point is sought to be made ofthe election of La Rue and Stanton onparty platforms, pledging the nominees toeffect an average reduction in railroadrates of 25 per cent. The defendantsnamed were elected because of that pledge,and the defendants (Stanton and LaRue)are alleged to be disqualified therebyfrom acting as members of the boardin fixing freight rates. The action

;of these Commissioners was nottaken in good faith, it is alleged,but pursuant to that pledge without re-gard to the leasonableness o? the proposed

\u25a0 reductions, and, therefore, the actions of!these defendants are void as to the com-plainant and deprive it of its propertywithout due process of law and deny toit the equal protection of the laws.

Then, Commissioner La Rue is said to\u25a0 be raising and shipping agricultural prod-jucts, and as such has an interest in the re-iductions, and is disqualified. \u25a0

The provisions of the constitution of|California and of the Legislative act which;give the Railroad Commission its authority;are attacked as in conflict with section 1!of the fourteenth amendment to the con-| stitution of the United States in making!no provision for a hearing of a carrier, pro-j viding that the commission's rates shall inall civil or criminal controversies bedeemed conclusively just and reasonable,and making no provision for a judicial de-

\u25a0 termination of the justice of rates imposed.A restraining injunction enjoining the

:defendants from adopting or putting into| effect any schedule of rates in accordance! with thesaid resolutions of the Board ofj Railroad Commissioners, or from reducing| any of the passenger or freight rates of thei complainant, or from instituting anyiaction to enforce such reduced rates,|pending the hearing of the complaint,jis asked for. The complaint is Birned byC. P. HnntinetOß, president of the com-

Ipanv, W. F. Herrin, solicitor, and J. C.Martin, J. E. Foulds and E. S. Pillsburyof counsel.

WILL ASK A CONTINUANCE.Serious Illness of Deuprey

Causes a Delay In theDurrant Trial.

An Irate Father Attempts to Causethe Arrest of One of the

Jurors.

Itlooks now as though a long delay inthe Durrant trial may be inevitable. At-torney Deuprey of the defendant's counselis so seriously illas to be unable to leavehis bed, and his condition is so seriousthat there is little likelihood of his beingable to go to court for some days to come.Asa result General Dickinson has decidedto ask for a continuance when the case iscalled this morning, and there is littledoubt that it will b« granted by JudgeMurphy. District Attorney Barnes yes-|terday notified General Dickinson that hewouid raise no objection to such a con-tinuance. Judge Murphy, therefore, is not|expected to deny the motion, although hejhas shown himself very much opposed toall delays.

Mr. Deuprey was not able to be in courtthe last two days of last week's session,

iand Sunday hi? ailment took another turn!for the worse. He is suffering from mus-

cular rheumatism of the most aggravatedform, and is almost constantly in greatpain. Last evening Dr. Palmer, hisphysician, thought Mr. Deuprey was some-what easier, but did not think his patientcould attend court before a week or tendays, and perhaps much longer. Whetheror not a prolonged continuance will begranted is not known. It remains pos-sible that instead of a few days, as wasconfidently supposed when court ad-journed Friday, weeks may intervene be-fore the end of the famous trial shall havebeen reached.

There seems to be another sensation im-pending m this most sensational of trials.The latest story concerns the statementwhich Miss Cunningham is expected totestify she saw, sealed, in Durrani's handthe statement inscribed, "To be opened ifIam convicted and to be returned to meifIam not convicted." Itwas reportedyesterday that the packet had been takenfrom General Dickinson's office by a re-porter for an afternoon paper. Ihe rumordeals also with the names of two menwhom, according to Miss Cunningham'ssupposed statement, Durrant says he sawin the belfry tower with Blanche Lamont.ISoth men havo been on the witness-standduring ihe trial, and the implied accusa*tions made by Durrant's attorneys mighthave been based on this statement.

JUROR SMYTH INTROUBLE.Warrant Sworn Out for His Arrest

on the Charge of Battery.

Attorney Murasky appeared in JudgeJoachimseu'i court yesterday, accom-panied by Charles H. Brodenitin, 2129Broderick street, who swore out a warrantfor the arrest of Horace Smyth, 2127Broderick street, on the charge of batteryupon his son, George.

Mr.Brodenstin explained that his sonwas sitting on the fence in front of Mr.Smyth's house on Sunday afternoon whenSmyth crept up behind him and struckhim a violeut blow on the back with hiscane. The blow was so hard that the canewas broken. Tlie boy had been confined tothe house from the pain he was suffering.

After Attorney Murasky and Mr.Broden-stin had left with the warrant the Judgewas informed that the defendant was oneof the jurors in the Durrant case. He atonce wrote out an order for his release onhis own recognizance.

The iasuanco of the warrant caused con-

eternation at police headquarters. Cap-tain Lees was under the impression thatthere was a section of the code that ex-empted a juror from arrest during thetrial of the case, but he could not find it.

The warrant had not been served up toa late hour last night, but the Judge's or-der for Smyth's prompt release is in theCity Prison. Itis unlikely that the casewillbe heard tillafter the conclusion of theDurrant trial.

GORMAN'S GREAT HITS.Exciting Game of Baseball at Central

Park Between the Olympics andPacifies.

An exciting game of baseball was playedin Central Park Sunday afternoon be-tween the Olympics and Pacifies. Therewas a large attendance, and the friends ofthe Pacifies seemed to be in the majority.

The Olympics, up to the sixth inning,had the best of the game, the score stand-ing 7 to 3. In the sixth the Pacitics hadthree men on bases witn two men out.Gorman went to bat and by a clean hit toleft field two men got home.

Inthe seventh inning the Olympics in-creased their score to 8. The Pacifiesagain got three men on bases, and Gormanagain swiped the ball for a three-baggerand three men got home amidst the great-est excitement, as this tied the score. Be-fore the inning closed the Pacifies addedthree more runs. Stanley making a homerun by sending the ball under the fence tothe right field. Gorman was hugged andslapped by his admirers till his bonesached. In the next two innings neitherteam scored.

The features of the game were Gorman'sbatting and Cosgrove's fielding. Cosgrovemade a magnificent and difficult catch atright field. Iberg, pitcher for the Pacifies,was superseded by Murphy, as he ranagainst the first baseman while the latterwas trying to catch a ball.

The Pacifies wonby a score of 11 to 8.

CONDEMNED A SICK 00W.Milk Inspector Dockery Continues His

Active Crusade.MilkInspector Dockery shifted his thor-

ough going work yesterday and attackedthe milk ranches directly; that is, themake-3hift, swill-fed, ramshackle affairsthat pass as milk ranches.

Out on the San Bruno road he discov-ered a cowpen in which were several pooranimals afliicted with various degrees oftuberculosis. One of them was in such anadvanced stage of the disease that Veteri-nary Surgeon Creeley, who accompaniedMilk Inspector Dockery, at once advisedthat she be killed.

An order to that effect was carried outat once. The owner stood by, but he real-ized that he was in such awkward straitsthat he made no protest. The carcass wasleft on the ground, and the chances arethat itwillbe fed to the chickens. Theother animals were carefully examinedand notes made of their condition. Theowner was warned that he must do some-thing for them or take the penalty of thelaw. Sample* of milk were taken for sub-mission to the tests of the bacteric^ogist.

Milkman Roberts, who furnished someof the condemned milk to the City andCounty Hospital, willbe arrested to-day.

UNHEALTHY SCHOOLS.A List of Them Will Be Handed to the

Board of Health.Health Officer Lovelace has made out a

list of the grammar and primary publicschools which he believes should be closeduntil the proper sanitary improvementsare made. The list, which is as follows,willbe handed to the Board of Health forconsideration at its meeting to-morrow :

Humboldt Primary, Starr King Primary,Franklin* Grammar, Stanford Primary, Cleve-land Primary, Whitticr Primary, LongfellowPrimary, Riueon Primary, Jefferson Primary,John Swett Grammar, South Cosmo-politan Grammar. Hamilton Grammar,Lowell High, Broadway Grammar, BucnaVista Primary, Clement Grammar, Crock-er Grammar," Denman Grammar, Kdl-son Primary, Emerson Primarv, GarfieldPrimary, Golden Gate Primary, llaight Pri-mary, Harrison Primary, Hawthorne Primary,Hearst Grammar, Henry Dnrant Primary, LeConte Primary, Laguna Honda, Madison Pri-mary, Monroe Primary, Moulder Primary,Normal, Ocean House, Pacific Heights Gram-mar, Peabody Primary, Polytechnic High,Red-ding Primary, Sheridan, Ocean View,ShermanPrimary, Spring Valley Grammar, WashingtonGrammar, West End and Wintield BcottPrimary.

Coast Seamen's Wages.

At a meeting of the Coast Seamen's Unionlast evening reports were read to the effectthat the efforts of the Ship-owners' Associationto reduce sailors' wages at Seattle, Port Town-send and San bietro have proved failures. Thnsailors believe that the ship- owners haveabandoned the movement lor the present.

CALIFORNIA CHAMPAGNE.The Recognition Won by the

Goods of Paul Massonof San Jose.

Used on the Tables of the Very

Best Circles of AmericanSoolety.

Nothing has besn done with more jus-tice to home production than the state-ment of a contemporary that "the PaulMasson champagne has excited numerousinquiries as to its origin, place and meth-ods of production."

For years it has not been denied thatCalifornia produces an excellent wine, butuntil recently there has been a doubt ex-pressed as to whether a good Californiachampagne could be made from it. Thi«distrust existed principally in the minds ofconnoisseurs. Perhaps the very latestfault-finding was that the quality of nativewine was all right,but California growershad not the experience necessary to bringtheir champagne to that degree of perfec-tion where a favorable comparison couldbe made with the French article.Itdevolved upon such men as Paul Mas-

son of Sin Jose to arrive at that point inthe production of champagne. In doingthis he ha« been largely instrumental inmaking Santa Clara County famous as awine-producing section of this State. Henot only taught grape-growers a valuablelesson, but furnisned proof of the superi-ority of Santa Clara County by demon-strating the capability of the soil for pro-ducing the very best results in cham-paane. Itmust now be admitted that ourpredecessors are not our superiors in thisline. The popularity of Paul Masson 's"Special Dry1

'and "Extra Dry" has

grown steadily ever fince these brands w^replaced on the market. In some localitiesthey have entirely superseded the Frenchproduct, and wherever known the demandincreases. Last season the annual productwas over a half-million bottles. Thischampagne has a reputation on both conti-nents for high quality and perfectly main-tained uniformity. Mr.Masson makes butone grade— the best— while in Francefrom three to four prades are produced. InFrance itoften occurs that the wine doesnot contain sufficient natural sugar tocreate the second fermentation at the timeof bottling, and other sugar must beadded. Mr. Masson has not found itnecessary to use any artificial aids. Thusthe Paul Masson wine is the pure juice ofthe grape

—a perfect sparkling wine, made

without the artificial use of gas, and pro-duced by the true process of unaided fer-mentation in the bottle. To-day the PaulMasson Champagne is not only the favor-ite wine on the North German Lloyds,where itestablished itself at once on Mr.Oelrichs' first recommendation, but itspopularity on all of the Pacific CoastSteamship Company's and the SpreckelsBros.' steamers has carried its fame fromSan Diego to New Zealand and Aus-trulia. Ifis now placed in the front rankof the first-class champagnes in the esti-mation of connoisseurs and at the tablesof the very best circles ofAmerican society.

MRS. FOLTZ HOME AGAINThe Dean of the Portia Club

Talks of Her ExperiencesAbroad.

SOON TO LEAVE SAN FRANCISCO.

Graphic Description of the Wreckof the Channel Steamer

Seaford.

Mrs. Clara Shortridge Foltz is at home Iagain after an absence of (several months Jspent in touring England and continentalEurope. She arrived in the City Sundaymorning, but so quiet was her coming that Ifew relatives and none of her friends knew !of it. Allyesterday, however, she was be- !sieged with visitors, and when night came jthe founder of the Portia Law Club, and jincidentally the most famous woman jurist jinAmerica, was completely tired out.

Mrs. Foltz talks charmingly of her Eu- Ironean travels and the historical placesvisited, but in all her experiences it isdoubtful if there is anything more in-

tensely interesting, either in fact or fiction,than her recital of the wreck of the chan-nel steamer Seaford, on which vessel shewas a passenger, and later the promptmanner in which she called the Englishcompany down, finally making them payfor every piece of baggage lost. Inci-dentally she pays a delicate and well-timedcompliment to the efficiency of the Eng-lish seamen.

"We, that is, mydaughter Virginia andmyself, took the steamer Seaford atDieppe," said Mrs. Faltz yesterday, intelling the story of her adventure. "Ourfaces were turned homeward, by way ofLondon. Verv naturally our trunks werefull of beautiful wearing apparel and bric-a-brac, obtained in the two great Europeancities. For a short time Iremained ondeck to enjoy the fresh sea breeze and tocatch the first elimpse of the Englishcoast. Aheavy fog coining up, however,Iwent below, and on the way noticed thecaptain at one of the tables, enjoying ahearty lunch. Ihad scarcely reached mydaughter when a heavy crash came, and 1instinctively knew that something terriblehad happened. The Seaford had been runinto by the heavy channel freighter Lvon."Icannot describe the feeling which

came over me, but something seemed tosay that the steamer was doomed, and so,snatching up my golf coat and umbrella, Ipushed my daughter ahead of me up thesteps leading to the deck. AsIstarted upthecompanionway Icalled to those near-est that the steamer was sinking, but thestewardess severely reprimanded me,assuring the passengers at the same timethere was no danger, Idid not mind this,however, but again exclaimed that thevessel was sinking, and that they mustlose no time in getting on deck. Thesteamer's heavy laboring convinced methat this was so. On deck we found thecrew getting the boats ready with mechan-ical precision. Icalled fora life-preserver,which was promptly furnished me by oneof the crew, but as Ididnot know how toput it on my daughter he d^id itfor me.By this time all the passenger*, 365 innumber, were on deck, and the crew, likeso many machines, began to fitthem withlife-preservers. Ihaa often heard of theperfect discipline of these trained crews,but their work on this occasion convincedme that their knowledge of just what to dowas as perfect as human agency could be.They understand just such emergencies,and are so trained that no orders are neces-sary. Stokers and engine men, black withcoal dim and besmeared with oil, fell towork without a word."Itis a matter of history now how the

passengers were saved from the ill-fatedSeaford, btit just the same there were anyDumber of heroic acts on the part of crewand passengers. One incident 1recall par-ticularly. A woman attempted to jumpabo/ird the Lyon,but the vessel sheered ofttoo far, and the poor creature fell be-tween the two. Quicker than it takesto tell it, a seaman plunged over-board and two more let tnemselvesdown the side to the Lyon by meansof tackle. The woman was drawn upfirst, and then the seaman who at the im-minent risk of his life had plunged be-tween the twoships to effect her rescue.In less than twenty minutes from thetime the Lyon struck us the Seaford wentdown, and Ishall never forget that sightas long aa Ilive. Hardly had the Lyonsheered off from the poor old laboring Bea-ford when the latter s boilers burst. Theuea was slowly closing over the deck whenthere came a tremendous upheaval amid-ships, and a column of water, a -perfectniagara of cascades, shot skyward. Itwasa grand awe-inspiring sight and one Iamnot likely to forget..

"T had some difficulty in recoveringdamages for my lost baggage, but when I

made the steamboat people understandthat Iwas somewha tof a lawyer myselfthey readily paid the amount of myclaim. They endeavored to explain thatthe accident was an act of Providence, butIcoi J not see it just that way. The rep-resentative of the company said there wereseveral questions about maritime lawwhich women could not understand, butwhen Ipave him my card he quicklychanged his tune. He mumbled some-thing about Lord 80-and-So beinp atBrighton and Duke Bomebody-Else off ona hunting trip,and then asked me to callagain, a3 the matter would be considered.Itold him plainly that he must have thesetitled gentlemen at the office next day,prepared to pay the amount of my claimor there would*be trouble. The result wnsthat when Inext called they gave me acheck for the amount."

The stay of Mrs. Foltz in San Franciscois to be of short duration. It has beenrumored for some time that she intendedto give en her local law practice, and Bhenow confirms the story.

"Ishall take up the practice of law inNew York at a very early period," she saidyesterday, "and have already been re-tained by two firms doing a large foreignbusiness. Ileave California with, regret,mainly because of the family ties which goto make one's home dear. 1 see, however,there is little or no opportunity for awoman lawyer here, and that is the prin-cipal reason which prompts me to makethe change."Ihave one hope and ambition inlife,

and that is to build a woman's college oflaw and in the Portia Club a firm founda-tion has already been laid. Itis the onlyinstitution of its kind outside of New Yorkwhich is recognized in legal circles, ana itwill continue to occupy this position and

grow in strength and usefulness with theincreasing intelligence and tolerance ofthepeople. It will nevsr cease to have mybest wishes and most earnest support."

Mrs. Foltz willremain in San Franciscoabout two weeks and then depart for hernew home and wider field of labor.

. MRS. CLAHA SHOETRIDGE FCLTZ.

[Reproduced from an engraving in Munsey's Magazine.]

DEATH OF GENERAL KEYESA Well

-Known Callfornlan

Succumbs at Nice at theAge Of 85.

He Was a Veteran of the RegularArmy and a Pioneer of

This State.

Advices from Nice, France, announcethe death of General E. D. Keyes, at theage of 85 years.

General Keyes was well known in thisState, having been a resident of Napa Val-ley and a large property-owner in this City.Among other enterprises he organized theHumboldt Savings Bank, and he was theowner of a hotel bearing hia name onStockton and O'Farrell streets.

General Keyes was born in HampdenCounty, Mass., in1810, and came of a fam-ilyprominent in the history of New Eng-land.

He was admitted to West Point in June,1828. He was graduated inJune, 1832, andimmediately entered the service ina cam-paign against the Indian chief Blackhawk.While on the way to Fort Dearborn, on thesite of Chicago, he was attached withcholera and returned to West Point. In1837 he was wedded to Miss Caroline V.Clarke of Boston. He was at that time at-tached to tho staff of General Scott. Hewas appointed Chief of the Department ofArtillery and Cavalry at West Point in1844, and held the position until 1848. Hewas then transferred to the command ofthe Presidio.

The gold excitement dissipated his sol-diers and he took up civil engineering.He was soon appointed Citv Engineer at asalary of $1000 a month and, having about$10,000 a month on arriving here, laid thefoundation of a fortune, which was sweptaway by tire in 1851. He suppressed sev-eral Indian uprisings on thin coast.

In1859 he was transferred toWashingtonas militarysecretary of General Scott. Thestrengthening of the Union forts and theraising and equipment of soldiers forth*CivilW»r was intrusted to him by Presi-dent Lincoln. He was appointed briga-dier-general of volunteers May 17, 1861,and took part in the battle of Bull Run.

He received official recognition for hisconduct in this engagement. He suc-ceeded General Buell when the latter wassent to the West. He received appoint-ment as major-general of volunteersApril,1862, for the part he took in thebattle of Williamsburg. He distinguishedhimself at the battle of Fair Oaks, MalvernHilland Seven Pinea.

He resigned on account of censure for afailure ina movement against Richmondin 1863, which censure he considered un-just. After his retirement he returned tothis State and settled inNapa Valley, butmade several trips East and abroad.

A Johnstown Victim's Estate.

John Dibert, who was drowned in the Johns-\u2666own (Pa.) flood in1889, left an estate in thisCity, and the widow has petitioned the SuperiorCourt to appoint J. W. Albrightadministrator.

THE SAN FKAINUISUO <3AL>Li9 TUESDAY, OCTOBER 15, 1895. 9

Don't BayTonr Paper by the QuireWHEN YOUCAN 6ET

0»e Pdund j" ' Fine I:> INnfePaper.l

WILL and FINGK. 1Statinnery DepartmEnt m

618 Sl 820 MARKET S7 \u25a0 W&*«0 15 to 23 OVARREL Sf M

> $ANFRANCISCO. W

1-pound packages FINE NOTE PAPER, In '

cream white wove linen, ruled or plain,perpackage 2So

ENVELOPEB, high cut, square shape, tomatch above paper, per box of 6 packages. 3sc

Box of PAPETEBIEof 24 sheets and 34 en-velopes lOe

KEEP YOUR VAXUAJBI.ES LOCKED.

CASH AND BOND BOXES.Of Heavy Japanned Tin, withlock and key.

CASHBOX 7 inches long,as percut 70\u25a0« 8

".-.\u25a0» 85

» 9 " " »5. :.•• io u "fl05"

11- "

1 15v

•' . 12 « « .. 125DON'T FORGET TO PRICE OUR

BABY CARRIAGESBefore Purchasing Elsewhere.

NOTE— Special attention paid to grind-Ing Razors, Shears and Edged Tools by\u25a0killed mechanics. Prices moderate. :.

818-820 Market StreetJPlaelan Bloo£

GRATEFUL-COMFORTING.

EPPS'S COCOABREAKFAST-SUPPER

"T>Y A THOROUGH KNOWXEDGE OF THEJD natural laws which govern the operations of

digestion and nutrition, and by a careful applica-tion of the fine properties of well-selected Cocoa.Mr.Epps has provided forour breakfast and suppera delicately flavored beverage, which may save usmany heavy doctors' bills. Itis by the Judicioususe of such articles of diet that a constitution maybe gradually built up until strong enough to resistevery tendency to disease. Hundreds of -subtlemaladies me floating around us, ready to attackwherever there Is a weak point. We may escapemany a fatal shaft bykeeping ourselves wellforci-iied with pure blood and a properly nourishedframe."— CivilService Gazette.

Made simplywith boiling water or milk. Soldonly in half-pound tins, bygrocers, labeled thus:JAMES EPPS &CO., Ltd.,HomoeopathicChemists, London, England.

NOTARY PUBLIC.pHARLEB H. PHILLIPS, ATTOKNBY-AT\J law and Notary Public, 638 Market St., oppo-site p alace JdoiH Besldtace 1020 I'ellsu Telfphone 570. j

I^ RESTOREP^^JUCjferfJ*!^ \ •»n«a»*t |WM SaiUW IWiifciiJVlulizer.theprescrip.***y*%&* B?3 3^ £? tloa ofa famous French physician, willqulcilycure you of all ner-•l< \K\ -v W >!*& ' "VIv v or of the generative organs, such as Lost Manhood,

j9'<**(?ffSp Sf tioaof a famous French, physician, willquicklycure you of al! c<>r-\i\ ,\i

"\i von*or diseases of the generative organs, such aa Lost Manhood,

RS. 'm£Hi \* «^4I Insomnla^i'alns in the Back, Seminal .Emissions, Nervons Debility,\ X. e/^vL \ >6^l!y i'imples, Unfltness to Marry, ExhaustiDK Drains, Varicocele and. ir, \^ Jr \u25a0' X. 3 -/ Constlpauon. 'Itstops all losses byday or nicht .Prevents qoick-* '

\u25a0'\u25a0VaLir''

nessol discharge, whichlfnotcbeckedleadstoSpermatoiThOßaandS prrncr unirrFß al' the horrors ofImpotency. CITPIDEJIE cleanses theliver, theV BEFOKb»NO«MEH kldneysand theurinaryor/ansoiaUliapßiiUes.

\u25a0** v CITPIDICBrE strengthens and restores small weak organs.0 The reason sufferers are not cured by Doctors Is because ninetyper cent sre troubled wlttj

\u25a0 X»jM>«t»tltla. CUPIDENEis the onlyknown remedy to care without an operation. SOOO testlmonl*1 ;

-als. A written guarantee givenand money returned ifsix boxes does noteffect a permanent cura

!H fl.ooabox,six for $5.00,by mall. Bend for tbxkcircular and testimonials. /1 V Address BATOLBIDICUIIC0.,P.0. Box SOTS, San Cal. TbrSalety /

I • BF.OOKS'PHAfIMACY.IISPOweUstrcrt.

DOCTOR SWEaSyME IS ACKNOWLEDGED TO BE THE MOST•*.*successful Specialist of the age in thetreatment of allNervous. Chronic and Privatediseases of both sexes. Lost Manhood, NightEmissions, Exhausting Drains, Impotency andallsexual disorders ofYOUNG, MIDDLE-AGEDand OLD MEN a life-longstudy and practice.Prompt and perfect cures guaranteed. Thou-sands of genuine testimonials on file.

OFFICE HOURS— 9 to 12 A.M.and 2to s and7toBP. M. Sundays, 10 to 12 A.M.only.

CALLOR ADDRESS

F. L.SWEANY, M.D.,737 Market Street, San Francisco, Cal.

(Opposite Examiner Office). ?%

The powers that be are the powers of HudyanApurely vegetable preparation, Itstops all losses,cures Prematureness, LOST MANHOOD,Consti-pation, Dizziness, Falling Sensations, NervousTwitchingof the Eyes and other parts.

Strengthens, invigorates and tones the entiresystem. Itis as cheap as any other remedy.

HUDYAN cures Debility, Nervousness, Emis-sions and develops and restores weak organs;pains in the back, losses byday or night stoppedquickly. Over 2000 private indorsements.

'

Pre ature 'means impotency In the firststage.

'ItIs a symptom of seminal weakness and

barrenness. Itcan be stopped In twenty"days bythe use of Hudyan. Hudyan costs no more thanany other remedy. , .... .

Send forcirculars and testimonials.Blood diseases can be cured. Don't you goto

hot springs before you read our "Blood Book."Bend for this book. Itis free.

HUDSON MEDICAL INSTITUTE,Stockton, Market and Ellis Sts.,

San Francisco, Cal.

"V \u25a0 Vkn An A lazatlve refreshing foiIllEfflfi&ii (ruit lo«enie,IHlfnil very agreeabl eto take.

CONSTIPATION.-._.».-. hemorrhoids, bile,\u25a0 nlHi 13 fZ RJ losa of «PP«tite, gastric an*ISil U3 UB_ la intestinal trouble* and

\u25a0 IbUII 4« :\u25a0\u25a0 headache arisingfrom them.

BillIA&9 E. GRILLON,&«K G IBH 33 Rue deB Archives, Part*HJHIIwIwIII* Sold byall DiugtlMU.

su^i^vL/ A GOOD BELTJvE^bis&&P c Sellson its me rits, but

iflßt'Bvx/A.v./Vtt 7*K!«\ it takes bigadvertisingIgjL^Vv.'1 t V/h3D| to sell apoor one

-This

TQm^Zy^^\r**rycrr small udvenisemenc9HHES£mI dress? ivp you our ad- I

oV&x<Xnf/ULr^^>rtF\ dress. Call and "lir.;''AV Pierce's Galvanic

"^LJs^- Chain BELT" will do the rest.- /JYN, jfcl"FreePamphlet. No. 2 tells. 'allabout it. AddressMAGNETIC ELASTIC TKUSS CO.,

704 Sacramento St., cor. Kearny, 8. F.

\u25a0gMAMSY LLI1!DRUQ BSAPEANO sure, send «c. fcr"Wonahs safe !STDRISMQUAIIO!' Wiloox B»Ecirsc Co^rwmuF*. ,

NEW. TO-DAY.

Save __ '' . u',ui'..jrf/'. ._._".._. '_."!

' ... '.—

MakeYou can save money (at least

one-half) by dealing direct withthe great Wholesale Manufactur-ers of Clothing. Your boy canmake money if he cares to exerthimself a bit.

Jj§||*\ —-——-

THREE PRIZES fel?feS>3 $100, $75, $50\v. WHOLESAK^"

ixCSfl With every sale of $2.50 or moreOA

_ we give a metal Souvenis. ToIiOW the three boys who bring us thettjj largest number of these Souve-j[^§ nirs we willpresent three bank-^ books (Hibernia Bank) for $100,OOfl6 $75 and $50 respectively.

BROWN-

Wholesale MauufactturersProps. Oregon City WooUn. Mills

Fine Clothing:For Man, Boyor Child

RETAILEDAt Wholesale Prices

121*123 SANSOME STREET;Bet. Bush andPitta Sis.

•*—\u25a0*'* ALLBLUE SIGNS