The San Francisco Call. Newspaper, March 8, 1896, Page 6

THE SAN FRANCISCO CALL, SU DAY, MARCH 8, 1896 THE POWERS OF A JUDGE, Decision of the Supreme Court in People Against Knuite. THE THIRTEENTH JUROR Carroll Cook Says It Works Only in the Interests of the Defendant. DISCUSSED BY THE LAWYERS. Great Interest of the Legal Profession in Justice Van Fleet's Opinion. Vherever two or more San Francisco met vesterday, whether in the rted oms, at luncheon, co became at all general it touched upon the decision of Justice Van Fleet in the case of the people against Christian Knutte as reported in THE CALL. And usually it more than ‘‘touched” it discussed quite thor- at considerable length s of the decision. e briefs are mostly in upheld the decision and de- s not only the iteration of ed principle, but the land- ing of a just one, ose practice is largely in the ts took the opposite view. In opinion (concurred in 15 n and Garoutte) they the alarming emphasis of a principle sich, they claim, gives the presiding o entirely too great discretion over fact. criminal lawyers pomnted out that dant could never be the one to suf- under the strictest construction of the e which constitutes the judge the sirteenth juror, because this discretion of e trial court can only be exercised in re- 1 to the jury’s verdict and then only in case the verdict finds the defendant guilty; never in case of an acquittal. The civil owever, des e that the grow- g tendency, as exemplified in this opin- ion, to make the court arbiter of the facts as well as the Iaw, not only makes the ge the thirteenth juror but constitutes im the sole juror—in fact, renders useless functions of a jur; The civil lawyers, as a rule, cite that sion of the Code of Civil Procedure 1 11 questions of fact, Y Y, T 2t aredd by the jury, and all evidence on is to be addressed to them.” what becomes of the jury’s rightand aty 1o decide the fact when, as Justice 1 Fleet says, the Judge ‘‘ought to be ied that the evidence as a whole was 1ent to sustain the verdict.” n these words ccnstitute 7 said e ng the his is to be the practice of sible service can the jury be ina ? I believe it to be contrary to nd letter of the constitution, f the Juage to even at he has an opin- way or the other concerning the y and o or dem clared that i a well-reco able emphas lawyers, amount to an infringe- tem of jury trial: 2. Highton. *If the fact to decide the ev e law, why have a j that case the jury is useless : seems to be immensely broad- d tice Van Fleet,” “1 be- and duties ed all this inter- is here given verbatim, from the typewritten copy is of the publishers of ons.”” It reads as fol- T 1 CHRISTIAN KNUTTE that, ¢ had not been was then submitted ructions of the court, bebalf of the defendant L. The jury, notwit e court, found the d: r setting aside the the defendant a mew le prosecute this ap- de being that the acti diseretio; by both perties upon rial was granted evidence was may be safely taken, ction in advising the jury to s assumption of counsel is cor- o repeatedly held here as 1e axiomatic that where a new trial is this ground, or where it is one of ds upon which the trial court sed the order, its action will not except in & case showing & man- istakable ebuse of discretion. not arbitrary, icial functions, is to erthe sanction of the judi- | the strong presumnption being it was g0 exercised, it will ¢ case & very clear showing to the me such presumption and t the power of the court in sed. While it is the ex- juryto find the facts, of the most important rial Judge to see to it that n of mle jury is intelligently and n exercised. this respect, while he nterfere with or control the jur: 1g upon the evidence, he, neverth exercises a very salutary super- visory power over the verd In the exercise of thal power he should always satisfy himself that the evidence as a whole is sufficient to sustain the verdict found, and if in his sound judgment it does not, he should unhésitatingly say so and set the verdict aside. (People vs. Lum Yit, 83 Cal. 130.) it can, of course make no difference in the f this power by the court that the nce in the case was wholly that of the cution and stands, in the sense at least 1is not controverted by evidence on bé- i defendant, withont conflict. The same rests upon the Judge in such a case as re the evidemee is conflicting to satisty ieli that guilt_hag been estebiished: and, withstanaing the évidence may be all one way, he is not required to believe it, couirt may reject the most positive tes- timony, though the witness be not dis- credited by direct testimony impeach- ing him or contradicting his statement. The inherent Improbability of a statement may yitall cleims to belief.” (Blsnkman vs. 0, 15 Cal. 638, 645.) The Judge hus_the witnesses before him, and, as suggested in People vs. Lum_Yit, supra, “an_equal oppor- tunity with the jury to observe the manner of sses, the character of their testimony and 1o judge of their credibility and to discover ihéir motives: he, too, ought to be satis- fied that the evidence as a whole was rufficient to sustain the verdict: if he wes not. it was not only the proper exercise of As | ry atali? | a 1o§n discretion, but his duty, to grant a new | trisl.” (People vs. Baker, supra; People Vi Ashnauer, 47 Cal. 98; People vs. Hotz., 73 Cal or does it affect the question that the evi- dence in the case may have A legal ten- dency to proveall the material facts. Guilt is to be established beyond a reasonable ; and while there may be some evidence pport each fact, this does not signify that necessarily such as to setisfy the con- science of the Judge that & case niade which WSITADtS convic Applying these principles to the record be- fore us, we cannot say that the learned Judge of the court belo praperly exercised his discretion in the premises. 5 In this view it is neither pertinent nor to review or comment upon the | idence, since another trial must be had. | Nor for the same reason is it proper at this | to indicate our views upon the point | A by defendant, that the evidence t in law to warrant a conviction. t should not be anticipated, since upon enother trisl the evidence may beso essentially different that it may not arise. The order is aflirmed. VAN FLEET, J. We concur HARETSO} GAROUTTE, J. “I can easily see how this opinion is re- garded with disfavor by the civil lawyers,” said Carroll Cook; **but the man wrong- fully accused of crime has nothing to fear from it, The discretion accorded the trial Judge, even when as broadly put as in these words of Justice Van Fleet, can never be employed against a defendant, but only as an estoppel in the case of a verdict of guilty when, in the discretion of the court, that verdict is unjust from any reason whatever. And this has long been the practice in | this State and elsewhere, There is a case cited as early as 1856, in the sixth Cali- | fornia. This was the case of Peonle| nst Benson. The jury convicted. | ere was a conflict in the evidence. The Supreme Court granted a new trial, and in doing so said: The story of the woman (ihe prosecuting witness) is 50 1mprobable in itself as to warrant us in the belief that the verdict was rendered more upon popular excitement than upon the facts A conviction upon such evi- | dence would be a blot upon the ju: | of the court and & libel upon jury tri | “Again, in the fifty-first Californis, in | 1875, under sJmost stmilar circumstances, | prudence s. the Supreme Court, in granting a new trial, said: Her (the complaining witness') story is so | grossiy improbable upon the face of it as to | Tender the inference irresistible that the jury nust have been under the infiuence of passing prejudiee. [he principle is further illustrated,’” Mr. Cook, ““in some of the cases cited | before the Supreme Court recently in the se of the People against Flood. If vou | | remember, Flood was convicted by the | jury, but the Judge set aside the verdict | and granted a new trial. From this find- | ing the District Attorney appealed to the | | Supreme Court. One of the cases cited in | support of the Superior Judge's ruling | was that of Curtis vs. Starr & Co.,in 85| California, wherein the Supreme Court | said: | He introduced some testimony tending to >w this and the jury entirely believed it. | Butit must not be presumed that the Judge did | | not; and, if he did not, it was his duty to grant | & new trial. | The Judge should set aside the verdict | whenever he is not satisfied with it | upon the evidence, and his erder in that | | regard will not be disturbed on appeal | if the evidence is snbstantially conflict- |ing. The learned counsel is in error in | Supposing that this rule is confined to cases tried without a jury. “Another case cited there was that of In re 8mith, 98 California, wherein the Su-| preme Court held that: Tt is sufficient for us to know that there is a substantial confiict in the evidence and that the Judge, who was entirely | familiar with all its details and in a | much better position to give weight to | all its facts, has exercised the discretion | coaferred upon him by granting a new trial 3 ‘Now it appears to me,”” continued Mr. Cook, “that a good deal of this language is | not very different from that used by Justice Van Fleet in this decision. “But what is to prevent a trial Judge from exercising this discretion against a defendant? ‘‘A constitutional inhibition in criminal | cases; nothing in civil cases. The con- | | ! | | | sh stitution says that ‘No person shall be twice put in jeopardy for the same offense.’ Now, if a trial Judge should interfere in | ALETTER FROM TRAYNOR| The Supreme President of the A. P. A. Congratulates State Leaders. RECORD OF THE ORGANIZATION Will Not Put a Ticket in the Field Unless Ignored by Both the Old Parties. The State Convention of the American Protective Association was brought to a close yesterday. Shortly after the open- ing of the morning session President Hu- delson called the attention of the con- vention to this paragraph in the Monitor: We have been disposed to underestimate or to overestimate the strength of the A. P. A. President Hudelson in his address claims & membership of 50,000. Of course it is impos- sible to verify this assertion or to prove it false. Hudelson himself does not know, and from the nature of the case cannot know; but it would be very surprising to those who know anything about ihe order if he were out more than 20,000 in his calculations. 2 We may take it f ted, therefore, that there are in this 030 men at lea: who nave given t s, body and soul, into Hpdelson's These 30,000 me:n represent 30,000 votes, which he can fling from one party to the other as & unit. Prac- ticaily such voting power would Tender Hudelson dietator of California. If the A. P. A.can keep its men together, and if there is no general and systematic opposition to the candidetes which it favors, it cannot fail to control the next election. The reading of the article brought every member of the council to his feet. M. B. Cusick, president of Merced Coun- cil, moved that 10,000 copies of the article be published for iree dxstri})ulion among the members of the order. of Eureka moved for ? F. Mc- Giashan of Truckee moved to make it 30,000. W. W.Coons of Sacrameunto added 20,000 more, making it 50,000, one copy for each membver of the order. This motion prevailed and that number was printed and sufficient copies to be forwarded to each council for its members. The committee on legisiation recom- mended the preparation of a bill to the effect *ithatall children between “the ages of 7 and 15 be compelled to attend a public school at least three months of each year.” Adopted. ) The committee on constitutional amend- ments recommended that subordinate councils be permitted to fix the monthly dues of its own members at any sum it might see fit; also thata committee of five be appointed by the chair to revise the constitution and report at the next annual session; both of which were adopted. The committee on the political standing of the order, of which Governor Sheldon of Pasadena was chairman, submitted the following, which was adopted: Tne actior that shall be taken by the A. P. A.’s this year for the National, State or municl- pal campeign will have a largeand controllin influence on the result. Its power will depen upon compactness of organization funanimity of action and_the intelligence and wisdom in which it is divided composed, as it is, of men of every previous party affiliation. It may be difficult to throw the masses of votes of this association in favor of any particular party, on account of differences which existon questions other than those on which this order has pro- Dounced itself distinetively. In the opinion of your committee the time heas not arrived to attempt to organize a sep- arate political party under the auspices of the association. Under the circumstances the question is, What course shall the members pursue? Your committes unhesitatingly ex- presses the opinion that they shouid regard as psramount and controlling the principle and demand of the order when in issue. In such cases all other issues should be held as secondary and subordinate, and in order that our principies may become operative and effective in public’ affairs by Congressional, municipal and legislative bodies. Therefore it is of the firstand highest im- |any way toward securing the conviction of "a defendant, well, that would be suf- | | ficient grounds for a reversal—that is all there is to that. He could not set aside a | verdict of acquittal. To hold that would | be preposterous. It is impossible to set aside a verdict of acquittal in the United States. The Federal constitution prohibits it. The most an unfair or prejudiced | Judge can do to harm a defendant is to | insinuatingly influence a jury before ver- | diet, and this can be done in any event, with or without the discretionary powers | as laid down in Van Fleet's opinion. The | remedy for it is a reversal by the Supreme | Court. | “It is a fact that the trial Judge, by all | the authorities and by all the rules of criminal procedure, has no right, in a criminal case, to say anything which | would even let the jury suspect that he an opinion on the facts at issue. This opinion of Van Fleet’s relates solely to the Judge’s power to setaside a con- viction when, in his judgment, the facts were not sufficient to warrant such a ver- aict.” PAINTERS WILL STRIKE. They Demand Higher Wages and Shorter Hours of Their i Employers. | | It Is Believed That the Difficulties Will Be Adjusted Within a Few Days. The painters of this City will go out on a strike to-morrow morning for higher wages, shorter hours and a recognition on | the part of the boss painters of the work- | ing-card system. This is not a sudden movement on the part of the Painters’ and Decorators’ Protective Union. Two months ago they sent a letter containing their de- mands to the bosses. The painters de- mand $3 for a day of eight hours, and $4 for the decorators; also a recognition of the working-card issued by the Building Trades Council, and that no non-union ! men should be employed; and, further, that no more shoddy work shall be done nor inferior materials used. Although the most reputable master painters have agreed to comply with these demands there are a number who have either refused or declined to notice the demands of the painters for a betterment | of their condition, It will be azainst the { latter that the strike will be made. The | union now numbers about 700 members, | and all have received orders to walk out of | every shop where the bosses decline to rec- ognize the union’s demands. All the painters who walk out will go at once to the Temple, at 117 Turk street, and report to the special strike com- mittee. There will be no trouble in the shops favorable to the union. Union leaders state that there is not much fear of the strike lasting over two or three days, because of the favorable atti- tude of the better element in the boss painters, The rainy season in the country trav- ersed by the Ashantee ex ition does not commence until April. The average max- imum of shade temperature in Janu: and February is 82 deg. to 87 deg. Fahren- heit. The dress of the men consisted of serge clothes, flannel shirt and flannel vest. Some one threatened to burn the school- house of a Kentucky district. The trus- tees built wheels for'it, and every night a portance that only legislators of all classes should be chosen, who are known tobe un- | flinching friends of our ceuse, and in order to avoid possible mistakes it is best to elect to guch positions, whenevor practicatle, mem- bers ol this order whose character afford irre- fragable proof of their sincerity and courage. Whenever impracticable to eiect such, we ad- vise that the votes of the members be thrown for those ou the outside of the order who can be most safely relied upon to support our mensures. Inregard tothe candidates for other than legislative positions, we adyise that the same policy be pursued; and we further advise, whenever negessary, sacrifices be made 10 secure the election of our iriends to legislative ositions. » Should neither of the existing political par- ties recognize our principles in their plat- forms, and should all of them nominate candi- dates for President and Vice-Prexident whose characters, sentiment or previous conduct render them unwortby of the confidence of our order, it will, in_the opinion of your com- mittee be the daty of the A. P. A. to put in the field a ticket of its own, and under the same or similar circumstances we adyise that the same course be pursued in State, district or munici pal affairs. This order must and ehall be recognized for what it is, a power in the field of politics, and iteannot be made & tail to the kite of any po- litical party. Whenever itis so made it will cease 10 be servieeable 1o the cause of pure pol- itics, good government and progressive Amer- ican’ civilization. As an order we must force the issue belween true Americanism and ec- clesiasticism in our political aff It must not be expected that we shall sail on sn unrufiled sea. We shall encounter eddies, breakers and storms. Weshail be beset b bosses, demagogues and tricksters. There will be biand pretensions to the adherence of our principles by men who want to gain_our votes and at the same time keep on good terms with our enemies. Such will betrey us in the future as they have in the past The order will not deserve to succeed and will not succeea unless it moves on the high plane of good principles; unless it puts its foot on impure and irregular politics, assures good government to the people, promotes | ctvilization and maintains popular ruie, which are the fundamental principles of our free 1n- stitutions. Just as the convention was about to adjourn a letter was read from Supreme President Traynor. Itisas follows: B. F. Hudelson, State President American_Pro- tective Association, San Francisco, Cal.—DEAR Sie: Next 10 being present at your honorable and patriotic assembly—na probuble pleasure that | have dwelt much upon within the past few months only to be cnm}nlled to forego at the last moment—I know of no greater happi- ness than this opportunity afforded me of being present with you in spirit, and no more perfect sense of satisfaction - than my knowl- edge of the absolute independence of the or- der in the State of California of all extraneous assistance, and its ability, born of good gov- ernmen: and efficient administration, to con- duct its own affairs and maintain those prin. ciples and carry on in the best possible man- ner among adverse conditions those purposes for which it was organized. The State Council of California isa s ing exemplification of what patriotism, disinter- estedness, ability and tenacity can accomplish when judiciously applied. Two vears ago it | was an infant in growth and experience, and ¥ | feel that I was no false prophet when at the Supreme Council held at Des Moines I prog- nosticated for it a magnificent future. I must confess that the prophecy has been more than fulfilled already, for California now stands within one State Council of the head and front of the order in its labor of reform. Thisisa record which should bring Pdde and joy to the heart of every Californian A. P. A.anda sense of supreme satisfaction to those into wl‘xo‘nahnnds the charter of authority was com- mitted. While the order in your State has doubtless been afflicted with- all those ailments, etc., which organizations of this class are heir to; while you have encountered the opposition of an uninformed public from without and the tricks and conspiracies of the.spies of partisan rings and party bosses from_within, it should send a thrill of joy to every loyal heart to-da. thsat you stand unharmed by the conflict .ni puritied by adversity, It is fair to assume that like all other States you have had your internal trials and dis- sensions, like all’ other States too that perfect and general satisfaction has not always gone hand in hand with success. So long asmen are human, so long as officers are mortal, this must be =o0.and it is healthful that itisso. Difference of opinion’ honestly expressed is the motive power of patriotism even as it is the active principle of gcod government. The council where this difference is absent isa gur of mules hauled it into the yard of the ouse of one of the-trustees, where it was guarded all night with a Winchester and a bulldog, stagnant body in the first throes of dissolution. It is where debate is lively, where every mem. ber is thinking, working with his whole Soul—where the voice of the majority after due discussion is the respected and effective W. Turner | C. z S0 apparent. and names such prices as these, Ladies’ Capes. ness are here in abundance. 10 Capes will be placed on gale in th well worth $10, for $6.50. in Ladies’ Fine Capes, bought t sell for $15 and $20, but in order t start the season with a rush w name the figures for the present $9.50. Ladies’ Suits. L e e T T T R T out, skirt full 5 yards wide. Th and the price we name is $7.50. French Serge Suits in_black, extr: quality, ~ skirt latest style, splendid value, for 2.50. Ladies’ Jackets. designs, on sale early Monday. Se these values at $5.00. choice of the entire line this weel i o Separate Skirts. landed. Two special things hav caught our rotice; wide, lined throughout, for 3.50. . Silk Waists. tion, extra quality silk, made, correct styles $10. Qur price to-morrow : ____8%5.00. Children’s J oughly made in the latest styles, price asked—$1 50, $3 and $5.00 Each. your shopping at The Maze. 5 L T T Spring Capes in all their attractive- mornjng ata price that will make them doubly Emnctwe; about 20 different styles, handsomely braid- ed, embroidered and appliqued, Extreme Novelties, High-grade Goods, Navy Blue Serge Suits, lined through- very latest style suitin the market, lined throughout with Rustle lining, full width and 50 Jackets of various sizes, colors and 0dd lots, broken sizes, in Lalies' Capes and Jackets, about 200 garmentsin all, §3, §4, $5 and $6 goods. Your A magniticent stock of these goods just an All-wool Biack Serge Skirt, fully 5 yards Black Alpaca Skirt, entirely new cut, lined throughout, velvet faced and Ladies’ Silk Waists, a superb collec- tailor- d and beautiful designs; well worth from $750 to ackets. Three different lines, all extraordinary value, choice little garments, thor- best colorings and worth twice the Note it down, this week it pays todo NEW TO-DAY—DRY GOODS. LIKE A GREAT CONFLUENCE OF the rushing waters, the choicest productions of the season’s stylescome rapidly rolling in. Weaves more fine and filmy than the gossamer web, and in vhe light of whose artistic shades and brilliant colorings the rain- bow pales. Words cannot convey nor imagination grasp the boundless ex- tent of the many styles already here. Monday morning they will be ‘appro- priately displayed for inspection. No such collection has yet been recorded in the West, no such prices ever named on the Continent. Behold the goods in all their elegance, and wonder at the prices here affixed. . Silks. An immense line of Beautiful Taffeta 8ilk, all the new rich colorings de- signed for the present season, at 50c a Yard. Extraordinary value in a fine line of Figured Striped and Dresden Ei- fect Taffeta Silk; splendid value for §1. Our price to-morrow 75c a Yard. All the rich, rare new colorings in the Dresden, Persian and Warp Dyed Silks for $1.00 a Yard. The newest of the new exquisite color- ings, charming effects, beautiful designs, both in evening and street shades, Persian, Dresden and chameleon effects. Not $2 50 or §3, but $1.50 a Yard. Black Goods. 1mmense array of Fine Fabrics ata moiety of their value. Fancy Diag- onals, Serges, Jacquard Suiting, Crepous, Figured Sicilians and 52- inch Cheviots. Your choice of the entire line at igg_ a Yard. Colored Dress Goods 0 e 0 0 e e k e Silk Striped Challies, choice designs, all new patterns, full 30 inches wide, for 25c a Yard. Novelty Dress Patterns, something new in low-priced goods, one of a five yards wide, any length. Price kind, your choice of styles, weaves only and colorings, no two alike; we $5.00. have them in tweed, silk and wool — mixtures, cheviots and illuminated effects. To-morrow’s price $3.50 a Suit. The crowning event of the day will be 50 Imported Dress Patter all different colors, plaids, stripes, broken checks, silk and wool mi tures, hair-line stripes and tiny pin checks, all worth $850. Our price to-morrow $5.25 a Suit. last night’s express a few choice French Dress Patterns for Mon- day’s trade; nothing like them yet shown here; a rarity in the mar- ket. To-morrow’s price will be within the reach of all, for we make it $7.50 Apiece. By amnbrger(6), £ Prorrs & FhHeMowxe = %mmmmmmmwumwmwmmuumuuuumuuummuuuuuummmmmmmmmuumummmmmmm&mummfi .. R L A e e R AL NO CATHODE RAYS ARE NEED- ed here to discover values that are Every department, flushed with the exrpectancy of an immense trade for the coming season, rises in its might for the opening sale, UNPARALLELED DISPLAY OF Spring Novelties now awaits your inspection. Early spring has never brought forth before half the new styles that we are showing at the the coming season, where your in- terests are always guarded with zealous care. Look at our bid for patronage. Wash Dress Fabrics Fine Crepon Zephyrs, absolutely fast colors, in all the evening and street shades; Dresden Madras, a beauti- ful new fabric, in handsome color- ings and perfect dye. Silk-striped Linon Suiting, the stylish goods of this season. The entire three lines at 20c a Yard. Marbleized Dimity, a very popular fabric, full line of colors. 15¢c a Yard. German Eiderdowns, in stripes, plaids and figures, almost impossible to distinguish them from the French flannels. To-morrow’s price 12ic. A few choice colorings in the real French Flannels, 75¢ quality, for 5 36c. Costume Crepons, an elegant summer dress material, superior to any- thing we have ever offered before at 124c. Our price to-morrow 8ic. Linens. The first shipment of our import oraer just to hand. Early Monday morning it will be ready for in- spection. 50 pieces Fine German Damask, 64 inches wide, bleached or unbleached, exceptional value for e 50c. 20 pieces Pure Irish Linen direct from the **Old Sod,” 66 inches wide, good value for §1. Our price £ 75c. Bleached Satin Damask, 2 yards wide, extra nice quality, choice designs. On sale to-morrow at __ $§L00. Large 3{ Napkins to match for $3.50 Doz. 200 dozen 3; Napkins, the greatest value of the season, for __ §Loo. 175 dozen 3; Napkins, extra nice qual- ity, for $1.50. T labyrinthian storeroom every alcove and winding has its resent moment. One visit will suf- P4 mid Fce to convince that this is the store | attraction. 'Tis hard a e | par excellence to do your trading in | the many glaring bargains point which holds aloft the greatest inducement, but, en passant, will specialties. The new thines for the coming season A %‘r‘ent department in_ our house. All the new things of the season in Qur new Sprinf | now on the presses, oughly illustrated, and a de- tailed price-list of every ar- ticle in the store. your address and get a com- plete encyclopedia of the dry= | goods business free of charge. pays to do your trading at The Maze. HROUGHOUT .THE length and breadth of our out the department name the following —_— Parasols. just landed. Styles entirely dif- }erenl from any produced in for- mer seasons. All the new Dresden effects to match the new silks and dress goods, Exclusive patterns bere from $2.00 to $6.00. Kid Gloves. very kind of a glove that is stylish can be found here. That sensational 4-Button Pique Glove, which created such a furor among the trade last week, we will con- tinue the sale of for a few days Jonger. No better glove on the market for §1 25, yet our price is 75c. Laces. cream, butter and linen shades, the new silk_Val. laces in abun- dance, linen Venice bands, in all widths and all-over lace and edges to match the new chiffle galoons, linens, silk-embroidered galoons, rass linen and linen colored ga- oons, all at correct prices. Millinery. Millinery has already arrived. he announcement of our opening will be made at an early date. Everyindication points that it will be the best of our many magnificent displays. Watch for the grand occasion, Our Spring Catalogue is thor- Send in Note it down this week, it 3 UADADDAADAILAARIALARAMA LRI ARR IR0 RN AR ORI AR RO RO RR I ARR IO LI AR AR JONIACEIA LR IUA AT GRL LA LDA UM ILD LA AR LRI LRI AR IR foctor—that strength and unity of action are secured. Itis with & heart filled with joy and con- ratulation to California as to the order at Fuge that I announce to you the greatest tri- umph that the American” Protective Associ tion has yet achieved—the complete defeat of the Indian appropriations. Congressman Linton has proven himself & veritable Lincoln, than which I know of no higher attribute to his qualities of statesmans! )ig, It needs no suggestion from me for your honorable body 10 recogmize his noble and disinterested efforts in s wranner befitting his services. While the sudden diversion of about a half million dollars annually from the pockets of the papal priests has tested beyond ail ques- tion the patriotism and ability of our loyal members in Congress, it has demonstrated another fact,yet even more significant, that the power of the A. P. A.is waxing stronger each year, instead of, as our enemies claim, becoming wenker; that it is the imost potent factor in politics jor good to-day, and can meet the papal lobby upon its own ground. 1 would urge upon your honorabie body re- newed activity in the political arena in_ order that we may, at the next Congressional elec- tion, return_to Washington 200 Lintons and cleanse the Senate of its corrupt unpatriotic- ism. Lay your wires that California may send at least half a dozen such. 1 would also draw your attention to the im- mediate necessity of providing for efficient means for .agitating the yarious measures of reforms which our order advocates. These are as follows: A bill to secure a just distribution of Federal offices. - A bill to establish a National university. Abill to restrict immigration and regulate naturalization. Linton’s joint resolution No. 11, amending the constitution pronibiting for all time sec- tarian appropriations. Abill—not iormulated—prohibiting the official recognition by the unue§ States, or any officer thereot, of any dignitary of any ecclesiastical body or church, or the official recognition as such as the delegates or representatives of any church or ecclesiastical power. A bill—not yet formulated—prohibiting any body of men other than members of the United States army and navy and of the militia of the variousStates from drilling or parading with,* ke?(ng in any armory_ or using firearms or deedly weapons of any kind, such act not to { extend to the uniform’ ranks of benefit socie- ties. A bill to secure an amendment to the consti- tution 5’.?“’“‘““‘ for the election of United States Senators by popular vote. W.J. H. TRAYNOR, Supreme President. After singing ‘“America’” the conven- tion adjourned sine die. MARCEAU AGAIN SUING. He Wishes to Recover Money Ad- vanced by Him to His Wife. T.C. Marceau has commenced suit to recover $14,000 irom his wife. Itis in the nature of an attachment suit, and a garnishment is out for the money she has in the First National Bank, which will be served if only an officer of the bank can be found. Marceau claims his wife owes him about $60,000, advanced to her at various times and in various ways, and he is going to get it all back. He has commenced a suit in Fresno to attach some land down there | STRIKE N THE REDBAKKS A Big High-Grade Vein of Gold Quartz Opened on the Merced River. THE WALLS ARE OF SLATE. The Lucky Owners Are Bratnober, Wortenweiler and Salinger—Will Erect a Forty-Stamp Mill. J. T. Gove, who is well known through- out the West, he having been one of the first settlers of Omaha, and afterward of Denver and Leadville a good deal, and who knows a good deal about mines, with which business he has had much to do for a long time, is in the City. Mr. Gove has for a good while been buy- ing lead, silver and copper ores. He has often been in the Cceur d’Alene region, where lead and silver predominate, and Salt Lake, who has been in and out of | has handled some of the output there, as well as of some of the camps of Montana great progress is being made in gold min- ing. Among the developments there is a big strike in the Redbanks mine. This mine,”’ said Mr. Gove yesterday, *‘is owned by Messrs. Bratnober, Worten- weller and Salinger, It is situated six miles south of Coulterville, near Split Rock Ferry, on the Merced River. The groperty was bought over a year ago, and idn’t have but a little ore in sight. ‘They went to work and spent about $75,000 there. They ran a tunnel, and finally struck the big vein ata distance from the surface cf about 400 feet. The vein varies from six to thirty feet wide, both walls being slate. “They must have between 60,000 and 70,- 000 tons of ore in sight there now, and from what I know of it it must be good ore. “I understand it runs about $12 a ton, though estimates much higher have been made, as for instance from $20 to $80 on the average. Besides the tunnel which reached the ore there are from 300 to 400 feet of levels. “The owners have recently gotdown to the mine about 800,000 feet'of lumber for their dams on the Merced River and for building & mill. The mill is to have 40 stamps. The power of the Merced River is to be used for running the mill.” Messrs. Bratnober and Wortenweiler, two of the owners, are among the best known mining men on the Pacific Coast. Mr. Bratnober over a year ago went to Coolgardie, and he has been vibrating be- J T. antil she pays hin $40,000 more. Suits Filed at Fresno, FRESNO, CaL., March 7.—Two suits of foreclosure were brought in the Superior Court here to-day by Theodore C. Marceau against his wife, Amanda J. Marceau, to foreclose two mortgages, one for $12,000 on the old Fiske Opera-house on I street and one for $15,000 against the Fiske block on J street. When Marceau married Mrs, Fiske these mor! es were on the prop- erty, Colonel Marceau paid them off and they were transferred to him and he holds them against the property at present. This property is considered worth $100,000. ——————— “Courting-sticks’ were in use in New Engiand about 100 years ago. They were long wooden tubes, thmgg which lovers could whisper to each other when the presence of other persons interfered with the secret exchange of endearing expres- sions. GOVE. [Sketched from life by a “Call’ artist.] and British Columbia. For some time past | he has been at Coulterville, where he says | tween London and that wild camp since then, ana is said to have placed several properties and made much money since then. Mr. Wortenweiler is another lucky mining man. He formerly owned the Blue Bird at Butte, was interested in other Montana mines and has had interests in South America. He isa thorough mining man. RIGHT TO COLLECT FEES, Filing of the County Clerk’s Argument Supporting the Fees Bill. Large Number of Authorities Cited to Prove the Law Is a General One. Respondents’ brief in the case of Henry Miller et. al. against Charles F. Curry, the County Clerk,was filed in the Supreme | Court yesterday by their attorneys, Del- mas & Shortridge. This is a test case, and 8 most interesting one to many City officials, since it involves the right of the County Clerk to collect fees for the filing of an answer to a pending suit. In the words of the brief itself: This is an appeal from a judgment of the Superior Court of the City and County of San Francisco, denying appellants’ application for a writ of mandate to compel the respondent, as County Clerk of said City and County, to file an answer in a pending sction without collecting fees therefor. The respondent justifies his refusal to file the snswer because appellants have declined to pay the fee, under the provisions of “An act to establish the fees of county, township snd other officers, and of jurors and witnesses in this State,” passed by the Legislature, and approved ou the 28th day of March, 1895, here is no question as to the validity of the act. It is admitted that if it applies to the City and County of San Francisco tse respond- env's position is correct. The issue having been brought before the lower court by the Ppleadings, after full argument it decided that the actisa general one, operating uniformiy upon all the officers in this State who are named in it. The sole contention of appellants is that it does not apply to the City and County of San Francisco. . Respondent cites numerous aunthorities in support of the contention that the law was intended to be. general, and says, in fact, that The constitution Yw\'ides that all lawsof a general nature shall have a uniform operation, and that the Legislature shall not pass local or: special laws regulating the practice of courts of justice, regulating county and town- | ship business, affecting esiates of deceased persons, minofs or other persons under logal isabilities, prescribing the powers and duties of officers in counties, cities, cities and coun- ties, townships, ete., affecting the fees of any officer, nor in any other case where a general law can be made applicable. There can be no doubt that the Legislature could have made, and did make, this act gen- erally appiicable to sil cases and to all classes of whiich it treats; neither can there be any doubt tnat the act itself can be made to apply to all county and other bfficers of which it treats in this State, and that, without giving its words any other consiruction than their usual and ordinary interpretation imports. To adopt any other construction would be 1o condemn upon hypothetical and seant ovi. dence the members of the Legislature of will- ful or ignorant transgression of ‘every one of the express constitutional limitations noted above. It is maintaived that legislative intent was never less ambiguously expressed nor based upon more sound reasons for its existence, _Another point of respondent’s conten- tion is that “‘the legisiative intent, hns:d upon constitutional requirements, cannot be controlled by any rul e ¥ any rule of statutory con- This point is amplified to so but the entire briei is not longtl:? ::&eg:: iond the large number of authorities cited ut not quoted, the document is uite ?:;:::dn' even to the appreciation of the