The San Francisco Call. Newspaper, June 21, 1895, Page 10

10 THE SAN FRAN ISCO CALL, FRIDAY, JUNE 21, 1895. THE TURNERS' FESTIVAL. Two Delegations Leave for Los Angeles on the Santa Rosa. MISSION TURNERS CELEBRATE. They WIll Go South by Train To- Night With the Verein Ein- tracht Men. The first delegation of local turners who will take part in the grand Kreis Turn- fest, which opens in Los Angeles Saturday, left for the south yesterday on the steamer | Sunta Rosa. There were two divisions. One was from the San Francisco Turn Verein, and the other was composed of members of the Vorwaerts Verein. All went away glowing with enthusiasm and warm anticipations of the good time which was in store for them. Theirfriends, too. took especial pains to see that their going away was accompanied by all the features which usually accompany a jolly farewell “whoop up.” A programme had been arrangea for the morning, which included a parade to the wharf. The San Fraccisco Turners gathered in their hall on Turk street, near Jones. They were dressed in their picturesque gray suits, with broad- brimmed hats of the same color. A drum corps was algo in attendance to head the | At9:30 o'clock the men fell | procession. in line with Leaders Albert Furth and Theodore Planz in the van. From Turk street the parade, accompanied by many friends, marched to the hall of the Vor- waerts Verein on O’Farrell street, near Mason. They were heartily received by the members of the latter body, and were invited into the main hall, where, after a brief interchange of courtesies, the men again fell into line and proceeded on their way to the water front. The Vorwaerts in their gayest tire followed the San Franciscos, and with drums beating merri]{ the Turners headed for Market street. As the arade passed the office of the CALL three hearty cheers were given. The march was taken along Kearny street to California, and down that thoroughtare to Market and then to East street and Broadway wharf, where the Santa Rosa was lying. The time before departure was brief, and it was taken up with hearty farewells and still heartier expressions of good wishes for success in the various contests. Following_are the members of the San Francisco Verein who comprise the dele- gation representing that body : Robert Barth, Alired Furth, Theodore Planz, Herman Alpen, Lou Rapp, Paul Otto, Charles Jacobs, William Hoffman, M. Nagel, William Feydkamp and H. Myer. L. Frank, Adam Brehen, George Mertes, Joe Maier, Joe Becker, Herman Stehlin, Henry Stehlin, W. N Srnst Fleisher, Frits Willen- brink and Fred Hoffman. Frank Krause, 5. Wallenstein, John Hoaps, J. Guetersioh, Charles Magel, Ed Kuenzi, Wil liam Steger,” R. Bergman, R. Grosse, Fred Mueller and H. Bartman. Those of the Vorwaerts Verein who will compete in the many contests are: Instructor, Herman Ritter; first leader, M. Lehmann; W. F. Baker, N. J. Frankenberg, W. Keiser, August Brockstadt, A. Sommer, H. Gruendel, G. Palanca, H. Radloff, A. Hammer- smith, F. Dohrman, F. Rothschild, A. Little- wood, E. Tietze and W. Boldefeldt. Every accommodation had been pre- pared on the steamer Santa Rosa for the men of skill and muscle, and that their two days on the ocean will be ones of un- | adulterated enjoyment there can be no question. During their stay in the city of the south the Turners will be the guests of the Turn Verein Germania of that place. The ar- at- | | white satin with golden bear and the word “California,” } John C. Plato, first leader of the verein, | accepted the banner with an appropriate | speech of thanks to the ladies, in which he promised that evervthing possible would | be done by those going south to do credit to the beautiful emblem they would carry. | Singing, speech-making and dancing fol- ‘ lowed. here was also a light repast served. ‘ | IRVING M. SCOTT'S PORTRAIT. A Fine Painting by Keith Donated to the | Art Institute. The Art Institute wasenriched yesterday | by the gift of a fine painting by Keith of Irving M. Scott. | The picture, which was painted last year, | was presented to the institute by Irving M. Scott, who was its president for four years. | The figure is a life-size one and is three- quarters length. Mr. Scott is represented | leaning back in a large armchair. The | i ellent. The coloring of the | picture is very subdued and the detail is | more minutely worked out than is al in Keith's paintings. The work is enclosed in | | & massive gilt frame and is covered with | plate gl: A little gilt tablet, let into the | frame read “Irving M. Scott, President, | 1887 to 1891.” | Those who saw the painting yesterday | expressed considerable admiration for the | work ofart, and the opinioff was expressed | that Irvine M. Scott in donating a fine por- | trait of himself to the Art Institute has es | tablished a precedent which, if followed by | other presidents, would enhance the at- | ‘ tractions of the permanent exhibition. | FOR HOME_PRODLCTO | Worthy Efforts of the Cali-| | fornia Manufacturers’ | Association. Governor Budd Asked to Use His Influence With the State In- stitutions. | | | The Manufacturers’ Association ad- | | dressed a communication yesterday to Superintendent A. E. Osborne of the Cali- | | fornia Home for Feeble-minded Children, situated at Eldridge, calling his attention | to the fact that notwithstanding his agree- | ment to patronize California manufac- | turers a schedule just issued from the | home calling for supplies specifies many | | articles of a particular brand not of Cali- | fornia manufactura. The association reminds Mr. Osborne | | that every one of the articles specified may | be obtained from California products of as s though manufactured else- communication concludes as follows: | We notice that you say in your “Special Note to Bidders™ that “preference will be shown to supplies of Californie product and manufac- ture when the same are known to be of sufli- cient merit and are equal in and this | | sentence would, of course indicate your prefer- ence in the matter, but does not help Calfornia manufactures in ‘the items named for the simple reason that the Koyal Baking Powder, Winslow’s Cenned Corn, s Cocoanut, | ete., are not manufactured in California, ai- thotigh the same articles of as good and in some cases better quality and at s low prices are manufactured in California. Referring to vour letter of June 6, 1895, to this association, | from the expressions contained therein, we are satisfied that this must have been an oversight on your part and that you will therefore readily do ‘anything in_your power to set the matter right. We would therefore suggest that you aiter Schedule No. 1 in such a manneras give California manufacturers an opportunity to bid upon every item named therein. Relative to the subject of the above men- tioned communication, the following letter | was forwarded to Governor Budd: | 8AN FrANCISCO, June 20, 1895, | _Governor James H. Budd, Sacramento, Cal— | | DEAR S1R: T inclose you herewith copy of letter sent to-day to A. E. Osborne, superin- | | tendent and secretary of the board of trustees | | the flats during the w MISSION FLATS FLOODED, Residents of South San Fran- cisco Fear the Filth-Laden Waters. SIXTH STREET SUBMERGED. Dwellers of the Dumps Forced From Their Shacks and Sewers Stopped. People living on the streets bordering on the Mission flats are in a state of much perturbation. Sixth street is under water for several blocks. Water, green and reek- ing with filth, floats to their very doors, and they have no outlet for their sewage. G. Lehrke, who has a grocery the corner of Marivosa and Minnesota | streets, has lived in this part of the Potrero district for many years. He said that although there was water in some parts of nter, the road on Sixth street had always been a good drive- way until recently. The railroad company has been trying to fill up its lots with mud,” he explained. definite understanding of the condition of affairs, their failure of'com’se being due to missing pages and altered entries. Mr. McGlauflin, however, finds time to appear on *Change and indulge in a little bear or bull movement, according to the inspiration of the moment, influenced of course by his opinion of the market. Two days ago Mr. McGlauflin thought it wise to sell wheat, while yesterday ith bim was a favorable day for buying. On both deals be came out ahead, which_indicates that bis knowledge of a ‘good thing” is no perceptibly dimmed by reason of Bresse's absence. The strain is beginning to teil on him, however, for there is now a cer- tain Dervousness and abruptness about his manner which, strive as he will, he cannot entirely conceal. “I am through talking with reporters,” said Mr. McGlauflin yesterday, “because there is nothing new to tell. I have heard nothing from Bresse, neither have we been able to get any knowledge of the condition of affairs from the books. As matters now stand, T hardly presume we will learn any- thing until Bresse sees proper to come for- ward and supply the missinglinks. I am bending every energy to locate Smith, and 1 helieve that I will have him before many days. Tt would be foolish to outline what Iam doing in that direction, for to do so would probably defeat what I am now most anxious to accomplish.” : The impression prevails that the missing partner, Bugene Bresse, is still in the City, though there are not a few who affect to believe that his former haunts will know him no more. that Mr. Bresse's family has been out of the City for some weeks, presumably visit- Some three or ing the country. ¥ four weeks after Bookkeeper Smitk passed from personal view Mr. Bresse A VIEW GF THE FLOODED DISTRICT. [Sketched by a ** Call” artist.] ““As a result the health of the entire neigh- borhood is threatened, and we are all seri- | ously inconvenienced. “The San Francisco Bridge Compan pumped the water and mud in on the flats from the Mission Channel. While they | were working the water rose about five inches a day. Itwas filthy with sewage when it came from the channel; but on the flats it soaked into the filth and gar- bage of the dumps and became vile. “What was worse it stopped the sewage outlets of those living along Mississippi street, Pennsylvania avenue and the ad- joining streets. These sewers ried the refuse out on the flats. Now the sewage is stopped by the water and washed back to their very doorsteps.” | John Anderson, who lives on Pennsyl- | vania avenue, objected to having this lake | of filth left to slowly evaporate. He made | complaint and the railroad company cut | two small trenches from the flats to the | channel. These outlets gave vent to a | vast body of water, the lake being lowered | about a foot and a half. “It is something dreadful,’”” Mrs. Ander MEMBERS OF THE MISSION TURN VEREIN. rival of the visitors will be attended with a grand celebration. After a torchlight pro- g;sal;lion there is to be a banquet in Turners’ all. Sunday will witness the opening of the exercises and beginning of the contests, That day’s programme is to consist of gymnastic exhibitions for prizesat Agri- cultural Park. In the evening a concert will be the feature with a male chorus of 800 voices. On Monday there will be a series of events for cash prizes—gymnastics, 200- yard rifle-shooting, the prizes a.ggresflting $1000, chorus singing, recitations and ora- tions. These will followed by a re- union of Pacific Coast turners. In the evening an athletic entertainment will be fxx;ven with wrestling, boxing, club-swing- 2, fencing and the like. Tuesday is set apart as a grand field day with eventsg&en to all comers, prizes to .gggeg:ne $1000. Among other events will be bicycle racing under the auspices of the L.A Prizes will be distributed in the On the following day the Turners the Santa Catalina Islands, ‘where prize swimming will be in order. el THE TURN SCHWESTERN. It Presents a Silken Banner to the Athletes Bound for Los Angeles. The ladies of the Mission Turn Schwes- tern tendered a farewell party to the band of athletic young men who start for Los Angeles this afternoon to win medals and glory for the Mission Turn Veremn. The party was held in the large assembly room of Turner Hall, on Eighteenth street, near Valencia. It was largely attended by the members of the Mission Turn Verein as well as the Turn Schwestern. The junior Turn Verein was also liberally represented. The Gesang Section sang a number of choruses. Then a beautiful silken banner ‘was presented to the band of prize-winners by Miss Jessie Girzikowsky, who spoke in behalf of the Torn Schwestern. The banner is most elaborate. One side is of pale blue satin and bears the symbols of the society, an owl onan open book with a sword and torch crossed. It also bears a branch of laurel, inter- twined in which is a ribbon bearing the in- scription, “Gewidmet von dem zMiuion Turn Schwestern.” The banner also bears the name of the verein and the year of its institution, 1881. The reverse side is of of the California Home for the Care and Train- ing of Feeble-Minded Children. We desire to call your particular attention to the matter, and ask that you will use your in- fluence with the home so that they will alter their schedule as per our request. Yours truly, L. R. MEAD, Secretary. STEREQOTYPE METAL. The Leading Newspapers of the Coast Patronize Home Industry. For the past ten years the San Francisco CarL has depended upon the Pacific Metal ‘Works, at 137-139 First street, for her sup- ply of stereotype metal. Other leading dailies which show the same favorto home industry are: The Chronicle, Post and Bulletin of San Franciseo, the Mercury | and Herald of San Jose, the Record-Union | and Bee of Sacramento, and the Times and : Tribune of Oakland. ‘When a;?rouched by a CALL representa- tive yesterday the manager of this concern | said: ‘[ admire the CALL for the manner in which she backs up her encouragement for home industry. We sell at the same price as our Eastern competitor, and if we turn out as good an article there is cer- tainly no excuse for newspapers sending tneirlmnney out of the State for stereotype | metal.” The product of the Pacific Metal Works appears to give universal satisfaction. All the plates of big metro?olitan papers of this City are cast daily of this metal with- out delay or the least imperfection. e A Modest Request. “What do you want?” she asked of the tramp, who had made his way around to the kitchen door. “Nothin’ much, ma’am,” he replied, | with a politeness that awakened her sus- picion. “Money, I suppose? tramps money.” “No'm. Idon’t want money.” “Well, we have no victuals, except for dinner, and they ain’t done yet."” “I don’t even ask for none o’ your din- ner, ma'am. All I want is some dry bread; jes’ dry bread.” She was touched. _**Poor man!” she exclaimed. **Here, I'll g\vg‘you a ;;I?‘ce oé pii, anyhow."” “No'm. ruther hev the dr; g “Do you like it?"”" sy “No; but yer see, me and the rest of the boys hez hustled aroun’ till we've got a turkey an’ some celery. an’ some cran- :lelrry uucx;, an’ some ptll;xmdpuddin‘. an’ we want now is jes' e dry bry make the stuffin’ of,” YT e We don't give | work to keep the children from playing in son said yesterday. ‘‘The water was right up to the sidewalg till they made the out- ets. Now, you see, there is a bit of the street bare. But it’s so close we have hard it. To do so would make them sick. Dur- ing the hot spell, a few days ago, the smell from the lake was almost unbear- able. It’s not so bad to-day, but before it’s gone I fear there will be sickness.” Around the corner from Mrs. Anderson’s house a crowd of little hoys and girls were paddling aboat in the slimy waters., They had an improvised boat and were reveling in their new play. Among the other sufferers were the crowds of unemployed men and rag-pick- ers who have built little shacks of tin and sacks and shingles out on the dumps. They viewed the rising water with dis- pleasure, which turned to alarm as they found it encroaching on their homes. Set- tlement after settlement was submerged, and the shack-dwellers had to retreat to higher Jand and build new homes. “These dumps have received the filth of the City for years,” said one of these men. “Now it is being washed out of the dumps by water. “The water has only been here a short time, but the whole surface is covered with a green scum. Then when the sun comes out good and hot the stench is almost more than we can pear and we've been on the dumps some time.” The speaker was building a new resi- dence. He had been driven to higher ground. Fully fifty of the rough- little dwellings were lost in the rising waters. MGLAUFLIN AFTER SHITH Says He Will Certainly Find Him Within the Next Few Weeks. Receiver Collins Makes but Little Headway In Untangling the Firm’s Books. L. W. McGlauflin, erstwhile McGlauflin & Co., grain brokers, is, with the as- sistance of Receiver Collins, still vainly endeavoring to untangle the mutilated books of the late firm. So far they have been utterly unable to arrive at any sort of gave up his home on Pierce street and an- nounced that hig family had gone to visit relatives in the country. Mr. Bresse moved his home to 1528 Franklin street and continued to live there up to the time he followed the course of young Smith. Those inclined to view the situation in its worst light say that Bresse foresaw the downfall of McGlauflin & Co. and that the g of his family was but the first step toward his own departure, All this, how- ever, is merely a theory advanced by a few on 'Change, and the continued vacancy of hisformer home on Pierce street gives it some slight color. Tt - was stated yesterday that Attorney Lloyd had severed his connection with Bresse, thus forcing that gentleman to | secure another legal representative. This rumor proved erroneous, for Mr. Lloyd states J:m he is still looking after the missing partner’s affairs and is patiently waiting for the other side to take suc! {further steps as it may deem proper. Mr. Lloyd was asked the direct question yesterday if Bresse was still in the City. “He may or may not be,” he said. “p am still representing him, and we are pa- | tiently waiting for the next move of the other side. How woula I communicate with him if anything very urgent should come up? you ask. Well, that is my busi- ness; but you may rely upon it that he will hear all that relates to his affairs. That is all I have to say.” While the prevailing opinion on the street is that Smith and Bresse are jointly implicated in the mutilation of McGlautlin & Co.’s books, there is at least one man who bolds Bressa guiltless. That man is Jani mes Smith, who bought and sold stocks for the missing bookkeeper ull during the eighteen months preceding his departure. “During the time that I was buying stock for Smith he led me to believe that McGlauflin was his favorite. He never spoke discourteously of Bresse, yet at the same time his remarks were not so coraial. This, together with the fact that Smith invested something like $12,000 in stock and wheat witbin the last twenty months, causes me to think that he is the guilty man ‘At first Smith came to me with only a few dollars—§$10 or $15—and_asked that I put it in certain stock. Had he brought me a large amount I should have refused emphatically to touch it, but the smallness of the amount did not cause me to suspect that it belonged to the firm. Later when he brought me larger amounts, I grew sus- icious, but I was not in a position to call McGlauflin & Co.’s attention to his specu- lations. T was afraid that he might secure my discharge if my suspicions could not be proved, and I could not afford to lose m y position. “In all T invested something like $10,000 for him in stocks, and I understand that McGlauflin’s entry clerk put in nearly $2000 in wheat futures. Wkhere he got this money from I don’t pretend to say, but I do not believe that Bresse had anything to do with it. I know that Smith took every available nickel in sight, though person- ally 1did not lose cent.”! When all this has been said the mystery surrounding the disappearance of Book- keeper Smith and Eugene Bresse is as im- penetrable as eyer. It will probably re- main so until one or both of the now much-wanted men see proper to return, WAS 1T A DREAM? How a Trader Got a Tip on the Harper Fallure. Among the many drubbings given the boyson Change by B. P. Hutchinson was a notable maneuver of his the morning of theday that the great Harper collapse came outin June of 1837. Wheat had experi- enced some such a boom as is being witnessed at present, and everybody had a craving to buy wheat. The Harper crowd were famous bulls, and it had become a fashion to keep along with them. Early in the day Mr. Hutchinson by some un- known means obtained a hint of what was to nappen—namely, that the Harper peo- ple were to give out and the market burst into tatters, carrying the price down and down. So faras is known no one in Chi- cago knew what was to happen and wheth- er Mr. Hutchinson dreamed it out or not is a mystery, says the Chicago Tribune. He came into the pit with a serene smile on his face soon after the opening, and taking handfuls of his trading cards out of his pocket he passed them around, telling the boys they could have all the wheat they wanted—just to put it down on his card and never mind about the price. The crowd took it as a good joke, an eccen- tricity, and proceeded to buy all the wheat they could get onto the cards. A few hours afterward the collapse came, the market tottered, and at last reeled over like a drunken man down into the depths. After thut the boys fought shy nPMr. Hutchinson when he offered his trading cards around the pit. ————————— Mexican girls ara courted by a unique process. Their lovers walk up and down the street on the opposite side and stare at their windows for hours. If he is agree- able she appears at the window after a few days and the; tng’nafier. 'y soon form an acquaintance One reason advanced is | JUDGE FIELD' CAITICIZED, Attorney Collins’ Reply to the Jurist’s Recent Com- ments ON CITIZENSHIP BY BIRTH. This Important Question Has Ex- cited a Great Deal of Interest on All Sides. The article entitled ‘Citizenship by Birth,” by George D. Collins, an attorney of this City, which appeared in the cur rent number of the American Law Review and regarding which mention was made in a recent number of the Carc, has been the cause of much comment and expres- sion of opinion from attorneys. While the present discussion has been brought about by the raising of the ques- tion of the right of a child born of Chinese parents to be admitted to citizenship, yet itis one that would seem to strike.deep into the standing of thousands of voters, the sons of foreign parents, and who have never taken out naturalization papers, and be very pertinent to the question of major- ities in the various political parties. From various opinions quoted, it would appear that the common law view of the matter as obtains in England and coun- tries of early feudal government was, to a great extent, held throughout the United States prior to the adoption of the four- teenth amendment to the constitution. Itis a question that should be brought up for eazly decision to the Supreme Court, which as a body has placed itself on record as having doubts of the intention of the constitutional amendment to indicate a sweeping acceptance of all persons born within the United States. In the case of Minor vs. Happe: cided in 1874,some time after tne Si house cases so-called, it held: t, de- authorities go further and includ zens children born within the juri without reference to the ci their parents, i been doubts. F it is not necess: Secretar. enship of As to this clas Marcy, in instructions gi ‘I have observed thataccording common law, any person born in the United States, uniess he be born in one of the foreign legations therein, may be considered a citizen thereof until he formally renounces his citizenship.” Secretary Fish also said, in 1¢ “So far as concerns our own local laws, a child born in the United States to a British sub- ject is a citizen of the United State: in_a letter to Mr. Cushing in 50 said: “The minor child of a Spaniard born in the United States and while in the | United States is a citizen of the United State Secretary Blaine some years later also sald: “The child born to an alien in the nited States loses his citizenship on | leaving the United States, and returning to his parents’ allegiance.” Justice Swayne of Kentucky held similar | views, as did Secretary Frelinghuysen, | who afterward changed them. | Against this array of competent author- ity and opinion is the ion of Judge Lippincott, decls nst a resi- dent of Brooklyn whose father was unuat- uralized, and the opinion of Justice Gray | delivered in the Supreme Court regarding | an Indian. A member of 2 prominent law firm, in commenting on the subject and the stand taken by Justice Field'in favor of the unnaturalized citizen, mentions in reference to Justice Brewer of the Supreme bench, who is a nephew of Judge Field, that Justice Brewer himself was born in the Holy Land of American parents, and under the decision of his uncle; as laid down in the case of Look Tin Sing, would | not be competent to hold his high posi- tion, and would thus lose to America one of her most able and eminent Judges. Mr. Collins was seen at_his oflice yester- day, and when shown Judge Field's re- marks seid: I am not surprised at Judge Field’s criticism. It was not to be expected that he would tolerate questioning of the correctness of his ipse His supreme veneration for his own opinion is matter of common knowledge, and of course he brooks no dissent from his views. The great tribunal of which he 's an Associate | Justice has with sufficient emphasis and repe- tition proved his views of the law generally so | radically erroneous that he himseif has every | reason to be cautious and tolerantin criti the judgments of others, and yet, perha is too much to expect of one who decla; his continuance on the bench long after the allotted age is due to the fact that there is no lawyer on the Pacific Coast who is competent to be his successor, although I am at a loss to perceive why that should concern him, even if | 1t were true.’ Noyw, as to the great question of citizenship involved in this controversy. In 18584 I con- | tributed to the American Law Review an article upon the question *“‘Are Persons Born Within the United States Ipso Facto Citizens Thereof?” And in that article the law was proved to be that such birth did not entitle a person to citizenship. Thereafter and in the same year Judge Field fecided the contrary in the case of the Chinaman Look Ting Sing. Before that decision was made Judge Sawyer, who was then Circuit Judge, and before whom the question was pending, interviewed me in reference to the article I had written, and told me that he fully appreciated the importance of the question prosented and felt that the case would have to go to the Supreme Court so that the question might be put at rest for all time. He also stated that his court would do everything necessary to facilitate » decision by the court of last resort, and to that end he would dissent from Judge Field’s views, so that the question might be taken up on a certificate of division of opinion. It was thus arranged that the question in that case should be re- ferred to the Supreme Court, but when it came to the decision Judge Sawyer concurred with Judge Field, and of course that prevented the execution of the arrangement just mentioned. Then, by reason_either of indifference on the rnboi the people of this State or belief in the nfallibility of Judge Field, his decision was allowed to operate as a correct exposition of the law, and for the past ten years Chinese children born in this country have been held to be citizens and they have eagerly availed themselves of their prerogative as such. even to the extent of voting at our elections, and, strange to relate, not one of our public officers has ever thought of disputing their right. The evil effects of Judge Field's decision have now become so virulent and diffusive that the necessity for a ruling by the Supreme Court defining what constitutes a native-born citizen has become one of pressing urgency, and no portlon of the Nation is more concerned in having an early adjudication of the qu tion than the people of California. Nor is there any uncertainty as to what will be the de- cision. On three different occasions the Su- preme Court of the United States has ex- ng pressed the law upon this subject at entire variance with the views of Judge Field, and under those ruli hinese children born in this country are not citizens and cannot be such under the prineiples of constitutional and international law. 'In the article I have written end which is published in the current number of the American Law Review, being my second article on the sub- ject, I have fully discussed the law and cited ample authority sustaining my position, and when it is borne in mind that Judpe Field's de- cision is nothing more than his dissenting opinion in the famous slaughter-house casés, where he disagreed with the Supreme Court on the very point at issue, no one will have the temerity to concede to his decision any furtner respect. It is true, as he says, that my position denies to the children borti in this conntry of unnatu- ralized “Irish, English, Russian, Turkish or other foreign parents” the status of eitizen- ship, and such is undoubtedly the law, and these children may easily become naturalized e Ty oy betomp naturalized | uo so. | all its ob! and thus acquire citizenship if they desire to remedy the difficulty, and it is no argument against my position that such children would be aliens until naturalized. 1f we require their father to obtain ecitizen- ship by naturalization, with equal reason | and by the same 'policy we should | require it of the offspring. I must he clude. I would cheerfuily explain the law | supporting my position and the technical rea- sons why Judee Field’s decision is merely his i t and opposed not only to all the au- ipse d thorities, but to some extent resting on a d cision of an inferior court long since over: ruled, but it would occupy o great desl of space, and for those who desire complete infor- | mation on the sunject I must make reference to my article in the American Law F el I might state, however, that the opinions of | our Secretaries of State, while not uniform, | trend in the direction of that of Secretary | Frelinghuvsen in the case of Ludwig Haus-| ding, where he said: “Not being naturalized by force of the statute Hausding could only | assert citizenship on the ground of birth in the United States: but this claim would, if presented, be untenable, for by section | 1922, Re Statutes, it is made a con-| dition of citizenship by birth that the pe sons be not subject to any foreign power And so, too. Secretary Bayard, in 1885, deeided that the son of a German subject. boi in Ohio, was not a citizen under her the statute or the constitntion, because “he was on his birth ‘subject to a foreign power’ and not subject to the jurisdiction of the United States.” There is no_higher authority on con- | stitutional and international law than the late Protessor John Morton Pomeroy, and his opin- ion is adverte to that of Judge Field and in harmony with the position I have taken, That position, it o say, best maintains the dignity of Ame: i | - CLEMENT ATTACKS JoosT. The Lawyer Sharply Criticizes the Electric Railroad Man. The Regular Battle Over the San Mateo Railway Franchise Enlivened. The time-honored application of the San Francisco and San Mateo Railway Company for an extension of its franchise | to enable it to build to the ocean was be- fore the Street Committee of the Board of | Supervisors yesterday, with the customary | large representation of interested people. _The arguments that have been advanced time and again against the petition were gone over in large part without variation until Henry N. Clement took the floor | against it. His reasons were terse and | personal. He said : “I would ask the honorable board to re- | fuse this application for the reason that | Behrend Joost, the president of the road, who applies for it, is entirely irresponsible. | He is untrustworthy, without character, | and violates every obligation that | he assumes. I challence these men who speak for the petition to pro- | duce one man who will guaran- tee that he will fulfill the cond tions of the franchise if you gran bim. He has neither money nor ab it to y to He could not build a single block of the railroad. Within this very hour a man asked him to perform some piece of | work required by a previous contract he told him simply ‘to go to —.' That is the kind of man "he is. He is the successful man i e i the property-owr company is bankrupt. judgment of § in the Superio It couldn’t meet a . I have some against it one ever a has not p: per cent of its gross earnings to the City s required. The application should not be granted.” A representative of the receiver said that the 2 per cent had been paid—that there was just one payment backstanding that had fallen due recently. He also said the service and cars were being improved as rapidly as possible. Mr. Clement admitted that the receiver had improved things. An owner of property in Noe Valley took exception to Mr. Clement’s remark He said he had cast ridicule on Mr. Joo: unjustly others Mr. anted the road extended. in his own behalf said he much of the extension of his e board would grant, that to say if he could not get it all. He had | asked for two branches and_hoped one at least would be grantel. He said he was | not and had not been a railroad man, but | that he had had much_experience with his | road and believed that he was now a first- | class railroad man. He hoped the road would be out of the receiver’s hands in a a few month With regard to M attack he had nothing to sav except that he (Clement) would have been his attor- | ney if he had_bad money cnough to e | ploy him. As it was he appeared for the Southern Pacific. | That he appeared for the Southern Pa- | cific Mr. Clement denied. He did not say | just who he did appear for other than | himselr, for, ho said; he had prop 3 | y and was personally interested. | | | Joost t Clement’s personal | W President Denver of the Eurcka V. and Corbett Road Improvement Club op- posed the petition. He said tha { Joost had treated the people out. that wa so badly and caused depreciation of their | property {0 such extent that they hoped no further extension of the franchise would be granted. The matter was held over still another week. It is said that the mother of Charles Dar- win had a decided taste for all branches of natural h: From which a great oak grows. . From the common every- day cérn on the foot there grows much discomfort and suffering. All of this can be prevented by wearing Goodyear Welt Shoes —_— Your Shoe Man Knows Why. (] 17>~ Goodyear Welts are LEATHER SHOES — not rubber. 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