The San Francisco Call. Newspaper, March 14, 1896, Page 4

4 THE SAN FRANCISCO 'CALL, SATURDAY, MARCH 14, 1896. a division of the property and for alimony and counsel fees to the extent of $120. The court granted the prayer for ali- mony and counsel fees and made an order | directing Justen to pay within ten days. | Justen claimed to have o means of rais- | ing that sum and refused to comply with the order, and so s few days ago he was piaced in the County Jail here, where he has since remained. 1 Shortly after commencing her suit Mrs, Justen, accompanied by her father, re- turned to her husband’s home, only to fird all of the doors tightly locked and AMADOR COUNTY PEOPLE DUPED, THE STRIKE 15 NEAR A CRISIS, | Union Men Confident of Suc- Victimized by a Folsom Ex-Convict Who Posed as a Preacher. CLAIMED HE WAS RICH. Found Meney, Friends and a Home by Expleiting His Wealth. FLED, BUT WAS RECAPTURED. o Monterey, Captain Kempff in command, was reported off Cape Flattery this even- | Ing, bound hither, whence she will pro- ceed at an early date to the recently com- the premises vacant. hinking that pos- session was nine Somts i the law the young wife procured an ax, and, battering down the front door, took possession of the house. She and her father have since resided there. Now comes Mrs. M. Perry, who declares that she is still the owner of the property, | and asks thecourtto dispossess all of the defendants and declare the escrow deed to | be vaid. ten s attorneys to-morrow to show the | court that he 1s unable to pay the §120 ali- | mony, and have him released from jail. An effort will be made by Jus- ST S o2 The Monterey at Port Townsend. PORT TOWNSEND, Wasn., March 13.— he United States coast defense monitor leied drydock at Port Orchard. The | g{omerey will be the tirst vessel to occupy | the new dock, and the trial will be watched Caught by a Constable While Tarry- | with much interest. ing in Stockton—Long Record of Crime. | STOCKTON, Car., March 13.—Constable | F. B. Fenton of Sutter Creek boarded the | Sacramento train at noon to-day in a| happy frame of mind. This was due to | the fact that he had for a companion | “Rev.” J. A. Smith, reputed to bea very | smooth swindler, whom he had arrested a | few hours before on the water front in this | city. The constable had returned from | San Francisco on the morning boat after | an unsuccessiul hunt in the bay cities for| Smith, and found him while awaiting | a train. | The officer and his prisoner stopped at the Sheriff's office, and the former told the local officers who dropped in to inspect his catch the story of the operations of the swindler in and about Sutter Cree’:, Ama- dor County. Smith,according tot ficer, drove the gospel-car into Amador County about six months ago with the avowed in- | tention of evangelizing the sturdy moun- tain population. As camp-meeting services were in progress at the time he had amyple oppor- | tunity to display his accomplishments as an exhorter. He won the confidence of the people from bhis first appearance, and an actual jealousy sprung upas to who should entertain the giftea speaker and show him 1he deference due his high at- tainments. J. W. Siebole carried Smith own roof. One day the humble preacher confided to his host that he had just got word from Engiand that he had fallen heir to a fortune of $40,003, by the death of a titled relative. He.said he had no use for the money; all he wapted was a home in which to rest after labors in the s tual vineyard. If Sebole would agree to lodge and feed him Guring the term of his natural life he would leave him the bulk of the $40,000, $500 to the pretty servant girl, and $1000 to each of his t's nieces. The offer was accepted was five months ago, and tle confidence man had never been both- board bills. ow learned that during this period of rest Smith varied his church work by making love to several marriageable women and several who were not in & sition to consider matrimony. His at- tentions created talk, and ahout a week ago the preacher said he would have to e a trip to San Francisco to interview the British Consiil in regard to his finan- | cial standing and to make arrangements | to collect the interest on his legacy. Sebole did not pect anything until sev. eral days after the preacher's departure, when he found that he had taken all his belongings with him. | Then the people in Ione and Sutter Creek began to talk, and when Sebole began to investigate he found evidence | sufficient to satisfy him that he. had been duped. The erstwhile host and friend got mad and swore out a warrant charging Smith with swindling, and it is said other charges will be made. Constable Fenton started out to look for the man, and, pre- vious to finding him on the water front here this morning, he learned considerable | of his history. It appears that but ashort time ago Smith was released from Folsom, where | he had “done time,” having heen sent ' from Santa Cruz for obtaining money | under false pretenses. He also married a girl named Hattie Lawrence in San Francisco and took her to Santa Cruz on a honeymoon trip, the expenses of which were paid by his dupes. He cut 2 wide swath in Santa Cruzana lived part of the time at a fashionable boarding-house on Fourth street. When discovered he escaped to British Columbia, was apprehended there, brought back to Santa Cruz, tried and convicted and sept to Folsom, Constable Fenton started for Amador County to-day with the convict. There he will be made to face some lively music. Smith preached here about 1wo years ago. He evidently did not know the officers were looking for him, as he did not seek to hide bis identity. ROMANCE OF PETALUMA, A Divorced Wife Breaks Into Her Ex-Husband’s Home With an Ax. He Had Refused to Pay Alimony and Is in Jail—Progress of a Family Feud. SANTA ROSA, March 13.—Two cases in the Superior Court of this county are at- tracting much attention. One is an action for unlawiul detainer brought by Mrs. Mary A. Yerry against Joseph Perry, her brotber; Frank Justen, her foster son, and Gussie Justen, her niece;’and the other | is the divorce suit of Gussie Justen vs. Frank Justen. All of the parties are from | Peraluma, and the litigation is the resuit | of a big family auarrel. | Many years ago Mrs. Mary A. Perry, be- weli-to-do and childless, adopted two children to cheer and vomfort her old age. One of these was Frauk Justen, who upon reaching man’s estate fell in love with and married Gussie Perr: niece of his foster | mother. In order to secure a home to the young people, Mrs. Perry deeded to her oster son_about $4000 worth of property, | but placed the deed in escrow with Lip- | pitt & Lippitt, attorneys, of Petaluma. | The couple took up their residence on | the property, and for a while the course of | true love ran smoothly, But some time last fall, after several violent quarrels, the young wife left her husband and com- | menced a suit fora divorce. She asked for | points were posed that he will make for San Franci suspec r structed to shadow him. worst type. neighbors for ten or twelve years and al- | to aivulge what had been done or said. away and gladly lodged him under b:s‘i ¥ 2 articles which he had taken w in court. pepper sauce, bottles of ink, crowbar axes, lamps, stoves and innumerable other articles. less to him and could not be disposed of. | He never soid any of his stolen goods, hid them in caches in the brush, second degree and sentenced to three taken to Folsom several day Judge granted a stay of proceedings to | give bis attorney time to prepare a bill of | exceptions. JNL-BRER AT LAEPORT George Coburn, a Kleptomaniac, | Cuts Through the Floor of His Ceil. Had Been Convicted of Burglary and Sentenced to a Term in Folsom. LAKEPORT, Car., March 13.—George W. Coburn, who has been confined in the County Jail at this place for four months, | escaped Wednesday through the floor and then through a 2 inch brick wall. covered until yesterday morni: night by His flight was not d officers of San notified neisgo and intermediate at once. It issup- sco and endeavor to obtain passage to Ukiah. His father, W. R. Coburn, spent cons erable time with him ih his cell and last Monday went to San Francisco. He is d of having aided his son in ar- nging the escape and officers were in- Young Coburn is a kleptomaniac of the He has been stealing from his yugh many of his thefts were commit- n open day he was only recently ap- ended. At his trial a on-load of s exhibited The plunder consisted of old clothing, boots, shoes, books, canned fruit, Some of these were utterly use- but Coburn was convicted of burglary in the years He was to have been in the penitentiary. s ago, but the Coburn is about 30 years of age, has a sandy complexion, light hair, blue or gray He has a cunning, foxy appearance, and at the same time a cringing, apologetic air, | | and never looks one in the eye. A MISSION HIGH SCHOOL, | People South of Fourteenth Street Will Petition for One. An Enthusiastic Mass- Meeting and Birth of the “Mission High School Club.” The citizens of the district south of Fourteenth street held an enthusiastic mass-meeting last night at the Mission Parlor of the Native Sons. The question of having a high school in that part of town was thoroughly dis- cussed, and an association known as the Mission High School Club was started, which will continue to agitate this desire of the large number of inbabitants living in this part of town. The following officers were elected : John H. Grady, president; Mrs. W. J. Hardy, vice-president; Miss Lucile Bailey, secre- tary,and E. P. Murphy, treasurer. Speeches were made by J. F. Crosser, J. H. Grady, E. P. Murphy, William Metzner and School Director William Henderson. Mr, Grady stated that 30 per-8ent of the High School children of the City came from that portion of town south of Four- | teenth street and that in the present state | of affairs the children were ncw obligea | to traverse the length qf the City in going | to and coming from school. Director Henderson said the matter of expense was the main thing that the board would have to first consider. thought, however, this difficulty might perhaps be obviated by bonding the City for say $5,000,000. He was of the opinion that the Lowell High School for boys might be moved to the neighborhood of Twenty-third street. It was decided to hold weekly meetings of the club on Friday nights. The following resclutions, submitted by President Grady, were adopted : WHEREAS, The large district south of Four- teenth street, representing 60 per cent of this City and County, and its inhabitants paying a large share of taxes and furnishing several thousand school children, whose intelligence and ability cannot be excelled, is entirely without & high school or school ili nd wherees, there are now sup- ported in part by our people four high schools, allof which aresituated in one section of the City, and as by their great distance our chil- dren are practically denied the advantages of the course of studies they teach or would teach them; therefore be it Resolved, That the parents of this large dis- trict, in mass-meeting assembled, earnestly request the Board of Education to take imme- diate steps to fill_this long-felt want and piace | us on the same footing with other sections of the City. Be it further Resolved, That & committee of seven be ap- pointed by this club to present these resolu- tions with such other facts as may appear to them at once to the Board of -Education, and take such steps asmay be required to a our end. n The appointment of the committee of | seven was postponed until the next meet- ing. ————— The Police Commissioners. The Police Commissioners heard a number of cases last evening. Officer Murty Callinan was fined $25 for being In a saloon while on duty. Officer Joel L Stoddard was fined $50 on a conviction of neglect of duty. Officer E. F. Bode, jointly accused with Stoddard, was acquittéd. E.J.Thomson and George Farrell were each fined £50 for drinking in a saloon while on du The ciarge of using vulgar language to & civilian was dismissed. Michael J. Heapy was fined $10 for making an uulaw 1ul arrest. —_—————— IF TROUBLED WITH BRONCHITIS OR ASTHMA try at once Dr. D. Jayne's Expectorant, an old established’ medicine for all Coughs, Colds and Lung aftections. cutting | ¥R | eyes, and is about five feet six inches tall. | cess Within a Very " Few Days. MASTER PAINTERS MEET They Discuss Their Troubles in Secret Behind Closed Doors. SIXTY BOSSES HAVE GIVEN IN, If the Strike Lasts Two Weeks Longer the Building Trades Will Be Involved. The painters’ strike for higher wages, horter hours and a recognition of the Building Trades Council working-card is still on, but the strikers are confident of an early victory. Their confidence in this ultimate end is based on two or three propositions. First, nearly sixty of the boss painters have capitulated to the union’s demands; sec- { ond, if the strike continues two weeks longer | it will involve the entire building trades !in this City., which threatens to tie up every piece of work under way and stop all | contemplated work, and, third, the strik- ers are satisfied that there is a division in the Master Painters’ Association, a majority of which have already agreed to | the union’s tetms. | There are several remarkable features in | the present strike, which has been on for | five days. Every meeting of the strikers has been held with open doors, a thing | unprecedented in labor strikes, and the most singular thing is that the strike has cost the union only $47 30 for relief of mem- bers, hall rent, etc. So far not a single act | of violence has been committed. | The Master Painters’ Association held | its first meeting since the strike last even- | ing, but it was held with closed doors and | the members and officers were pledged not | Whether this means that they are prepar- ing to compromise with the strikers or fight can only be surmised. — - — MASTER PAINTERS MEET. A Division of Opinion as to the Policy Toward the Strikers. | | The members of the Master Painters’ ; Association held a meeting last evening, | the first since the journeymen painters’ strike began last Monday. There was a | large attendance present and the debate lasted from 8 to 11 p. M. | Thedebate as to the policy of the asso- | ciation on the strike question was long and irited and judging from the silence of e members after the meeting was over | no_conclusion was arrived at. A resolution was passed enjoining all the | members from giving any news to the press | or public of what had "been donein the | meeting. | One thing was learned and that is that a committee of about ten was appointed, | but whether to confer with the strikers, to | organize a fighting campaign or to draft an | agreement, could not be learned. After the meeting the committee was organized. STl BOSSES COME TO TERMS. Encouraging Reports Made by the Striking Painters’ Com- mittees. The regular afternoon meeting of the striking paintersin the Temple yesterday was a most enthusiastic affair. The reason was that with very few exceptions the re- | ports of the committees showed that there | are very few master painters now holding out against the union’s demands. A list of over sixty boss painters who have given in | was read and received with cheers. Danielson of the North Beach committee made a statement that caused a little sur- | prise. He said that all of the shops in the Latin quarter, except the recognized union painter is now working. These painters are all standing firm for the union. | - This condition of affairs, Danielson said, | was caused to a very great extent by | Pietro Gori, the anarchist. The latter had been of creat service to the committee, as he had given much of his time to explain- | ing to his countrymen the principles of | unionism and the imgurmlce of all union men stauding together in trouble and in peace. A vote of thanks was extended by the striking painters to the anarchist. Attention was called to newspaper adver- | shops, are tied up, and not a single foreign | painters. Inail his rounds he has heard much discussiou by the public in general, and all seem to hope the painters will win the strike. He advised the men to keep on firmly, but not to resort to violence, and said: Your fight is the fight of the carpenters and all branches of the trades unions, and I for one would be in favor of all the carpenters and all the other unions turning out to-morrow to help the striking painters if necessary. Your fight is our fight, and if you lose all the rest of us will lose. When your wages go down ours are sure to fall, so I say we must stand to- gether, and if it is necessary let us tie up the Whole building trades in this City. All our hopes of getting our rignts for thé next four ears depend upon our success this year. his is the election year, and now isour chance to secure our rights. Mr. Bchadt told of an_experience in the forenoon on Hvde and Union streets. Dur- ing a discussion with non-union carpen- ters an officious policeman told the gath- eringof men that when the lathers get ready to go to work for them to do so_and he would be ready to shoot the head off the first striker who interfered with the workmen. The nnion laborers, who toa great extent pay the taxes from which this policeman secures his pay, greatly appre- ciate this kind of police protection. he speaker is glad that the entire force is not made of the same clay as that of the North Beach policeman. A report was made that in the Physi- cian’s Home Hospital, on Sutter and Jones streets, the nurses are painting the floors. President Rose 101d of an interesting ex- rience he had with Krebler's menon a Job on Bush and Jones streets. He said that the non-union men were very abusive and even threatened the committee with violence. One of the carpenters there was also very ugly and abused him roundly. Some one hecame alarmed and sent forlge volice and a squad of three arrived a littie later, but found nothing to warrant police interference. However, before the com- mittee left they took out two painters who will join the union at once. The painters will azain meet at 3 o’clock to-day and again at 8 o’clock in the even- ing at 115 Turk street and initiate over 200 new members. e gl i FRIENDS OF THE UNION. Master Painters Who Have Ac- ceded to All the Strikers’ Demands. During the meeting of the striking painters a request was made that the sec- retary state the names and addresses of all the boss painters who acceded to the de- mands of the union, so that the commit- tees need not call upon them again. The secretary stated that the following is the | list, with possibly a few additions, names accidentally omitted in taking the many reports made: J. Cooney, 141 Fourth street. Brandt, Montgomery street, nton, Geary and Mason, J. Scholield, 4 Bergonie place. Rhodes Bros., 205 San Jose avenue, F.J. Cramer n. w Buck, Devisadero and Fulton, feyers, 761 Mission street. J. Chaban, Polk street. T. A. McCarthy, 615 Natoma street. -~ Buckworth. - \\'illlam!; Devisadero and Pine. — Pyne, 2126 Pine street. Crow & Curly, 720 Haight street. Tom Welsh, 1313 Fell street. J. M. Nounan, 1034 Folsom street, serkin, Oakland. T. Vorath, 246 Ninth street. Charles Hoffman, Edmundson on housework. Antonetti, O'Farrell street. T. J. Cramer, 908 Pine street. William Armstrong, McAllister street, Burr & Shields, McAllister street. J. Thompson, 2019 F W. Roberts, 187: sion street. George Besthorn, 1103 Scott street, Wadlham & Co. Shaeffer Br Cornburger & Rhorig, Howard street. 8. J. Dwyer, 1320 Utah street. Ehart & Elert, Post and Jones. Brown & Johnson, Market street. Charles Bernard, Merchant street, Wllliam Barton, Hyde and Union. Orick, Howard street, between Seventh and Eighth. E. M. Gallagher, Sacramento street. Smith, 231 Mission street. Leon Lavine, Golden Gateavenue and Gough. C. Foley, 2110 Fillmore street, Boyed, 2401 Sutter street. Howard street. Swan & T. Downing, Dearborn, Ei Beguhl & Son Hamerup O K. Patchel & Batea. Norman, Mission street, near Thirteenth. ok Merschen, 412 Devisdero street, corner of k. Nineteenth street, gner, California street. Agmar, Caiifornia street. James Rienfeld, 2019 Hyde street. L. P. Bedom, 12 Jlaqor lace. Pessamo & Carrate, 2008 Mason. W. hoch, O'Farrell street. Bradley & Son, 923 Mission street. i iy INDORSE THE STRIKERS. Words of Encouragement From the Labor Councll and the Car- penters’ Unlon. There was a good attendance at last night’s meeting of the San Erancisco Labor Council, and those present expressed their sympathy for the striking painters in no uncertain terms. One member stated that he had found seven sailors about to under- take a job of painting offered them by one of the firms which the Painters’ Union is endeavoring to bring to time. He showed them a copy of THE CALL, wherein was | contained what he considered the fairest | and most complete public statement of the | condition of affairs, and when the sailors bad seen it they gav: up the job. “Sailors, as arule,” he explained, “don't g0 a-scabbing; at least union sailors don't, Edwards, H.F. W | | tisements for painters and decorators. { unless they are fooled. as these fellows The advertiser offered the former $3 50 | ) | were He | and the latter $450 a day. This was de- nounced as a bosses’ trick to fill the town | with workmen to fill the strikers’ places. | Several of the eommittees and a number of strikers made reports onindividuals and jobs. P Committees 1 and 7, A. M. Beacn chairman, reported that at 220 O'Farrell street four men were locked in so that the committee could not see them, and James Rienfield, 2019 Hyde, Pessano & Caratto, | 2008) Mason, and L. Bedoni, 12 Jasper place, have given in to all demands. *‘The Mis-10n district is all tied up,” was the report of committee 2. Committeed4, Mclvor chairman, reported nearly every job south of Market from Tenth to the water front is all tied . Took out_two men from a job on Fourth street. out so long, at iast gave in and sent in his application with the assurance that here- { after his will be a union shop. Melvor | presented the following communication | from Bradley & Son: This is to certily that Bradley & Son agree to all conditions ani accept the card system of the Paintegs’ Union. BRADLEY & SoN, 923 Mission street. The letter was received with cheers, as this firm, which does a large amount of work and employs many men, has lLeld out up to the present time with much firm- ness. Commitiee 7, Saurwine chairman, re- ported two men working on Franklin street who are not union men. This ig Huver's job. W. M. Welch is out for the union and so are his men. Tuson on Larkin street_has given in. Lavigne on Golden Gate avenue has given in to all demands. Committee 10, Kerregan chairman, re- ported that Palmer & Speetzen have given in. 0. W. Boyd of 2401 Sutter street and C. G. Foley of 2110 Fillmore strcet have given in. The Shaffer Bros. are still holding out against the union. C. F. Schadt, business agent of the Car- venters’ and Joiners' Union, was called for. He stated that in his rounds he has kept a sharp outlook for non-union paint- ers. Only at o:ie place, at_the farther end of Taylor street,did be find a non-union Job, but the boss promised to support the i | Koch, the painter, who has held | J. K. Phillips, chairman; W. McArthur, secretary ; Milner, O, Grassmann and Josep Walter, all of the committes on law and legislation, presented the follow- ing resolution anent the painters’ strike, which was unanimously adopted : WHEREAS, The California Painters’ and Deco- rators’ Union No. 1 is now on astrike for the introduction and maintenance of the union card system, for the eight-hour day, and for a minimum waee of §3 per day; and whereas, these demands are reasonablé aad in keeping :m: the prizciples of decent labor; therefore, e 1 Reselved, That the San Francisco Labor Coun- cil {n reguiar session rssembled, indorses the strike of the said union, and guarantees its support-moraliy and financially, and * Resolved, That the San Francisco Labor Coun- cil requests the supporc of the public, the press and all fair emplovers toward the end thet the workers juvolved may secure their demands. The secretary of the Coast Seamen's Union requesied that a rumor to the effect that that oreanization was on the eve of a strike be disregarded, as it was en- tirely without foundation. I Craven, representing the Iron- | mouliers’ Union No. 164 eniered a protest against the sale of prison-made stoves. He reported that large numbers of these stoves, made in Salem, Or., by convicts employed under contract in one of the foundries there, were shipped to this City ior sale, and that a frésh -carload was now on the way, consigned toa leading hard- | ware house. | _The council decided to take no imme- | diate action in the case of the striking lathers. At a meeting of the Carpenters’ and Joiners’ Union g.\‘o‘ 22 a resolution was adopted providing for the sending of a letter to the striking pa'nters vuicing the | union’s approbation of their attitude in v\;qrdl of encouragement and good fellow- ship. 2 The union decided to raise its initiation | fee, which will be$10 in place of $2 as here- tofore, after the 1st of May next. A union of Italian carpenters will be formed by delegates from union No._ 22 on next Thuisday night at Apolio Hall, on Pacitic street, near Stockton. Delegates from the union will also attend the Labor Conven- tion to-morraw. Preparations are being made for the union’s annual picnic, which isset for April 26 in Sunset Park, among the Santa Cruz Mountains. i THE DEMOCRATIC ARENA, Hot War Over Buckley for the State Central Committee To-Day. BUCKLEY WARinB.S READY. The Fate of the Junta Depends on the Hazard of the Meeting This Afternoon. The Democrats will occupy the political arena to-day. The meeting of the Democratic State Central Committee in the billiard-room of the California Hotel at 2 o’clock this after- noon is a momentous one to the party—at least it might be a momentous one if this happened to be a Democratic year. The meeting to-day may not decide the political fate of Chris Buckley and the old friends of his who have rallied together in exceedingly formidable array, but it will have a strong if not a determinative influ- ence on the local party situation. The party now consists mainly of three elements. First come Buckley and the Democrats who lean to the faction he dominates. This faction has the bulk of the “push,’” the bulk of the old-time and experienced practical politicians of the party, and the bulk of the votes and vote- makers, which count at election time. It has, too, the bulk of the political skill and shrewdness if not the brains and influence of the party in San Francisco. It regis tered 11,800 votes at its last enrollment and it voted about 6000 names at its recent uncontested primary. A large majority of these names are believed to be legitimate. Among the avowed members and cham- pions of the Buckley element are such men as Judge Robert Ferral, George R. B. | Hayes, Peter F. Dunne, the United States Land Receiver, Railroad Gommissioner James 1. Stanton, John McCOarthy, James | | | H. O'Brien, E. T. Mills, Josepu Roths- | child, A. J. Clunie, James C. Nealon, Dr. Bryan. Secretly favorable to this element is a large number of men of party influence who would exhibit no open alliance. | Among them are_generally reputed to be | Kussell Wilson, W. W. Foote, Judze Gar- | ber, E. C. Coogan, W. F. Goad, Fleet F. Strother, E. P. Cole, Thomas E. Bishon, | A. H. Loughboroueh, W, B. Wilshire and | many others of like standing. | The second most notable element con- | sists of the aggregation of political forces which has come to be known as the Junta. | Gavin MeNab aud his friend and follower W. P. Sullivan now and for some time have controlled and managed this organ- ization, It containsa larger percentage— leaving actual numbers out’ of considera- tion—of the decent, honest and respectable element of the party than does the Buck- [ ley element. The Junta was organized and it exists solely to oppose Christopher | A. Buckley’s return 1o political poweér. It ! has nootherend. It proclaims the slogan, “Decency, anti-Buckleyism and anti-boss- ism,” and it asks recognition on this ground alone, regardless of the.wishes of a majority of the party and regardless of whether or not a large majority of the party want Buckley and Buckleyism. The Junta enrolls among its supporters a large namber of good, decent and some- ous over the prospects of victory he thought he saw before him. The interior delegates have generall taken lately the position that they will wait and hear the evidence before they will decide. A : The question that will arise to-day will e, as%ns been often explained, whether or not the State Central Committee shall give the Junta the prestige of official recoz- nition by resolution and the issuance to it alone of the call for the State convention. This would be only,a matter of prestige, but it wounld be a zreat advantage and victory for Gavin McNab. 2 The Buckleyites claim tohave “‘the’’ reg- ular local party oreanization, are pre- pared with able orators, witnesses and af- tidavits to prove the regularity of their organization and that the Junta faction is | a_minority born in trickery. To-day the old liners will be championed uR t‘l‘ie meeting by Judge Ferral, George Hayes, Peter F. Dunne. and others, The position of the Buckleyites is, first, that the State Central Committee has no initial right to interfere; that 1ts sole duty iy to call a State convention. If two iac- tions come before it and ask it to act asa committee of arbitration then it may do something. It is planned that the fight shall come up on the presentation of a resolution instructing the secretary of the State Central Committee to issue the call for the State Convention to the Democratic or- anization of San Francisco of which W. ?{ Suliivan is chairman and John F. Me- Govern secretary. e This would extend official recognition to the Junta, though if it is adopted the Buckleyites will go right ahead as the reg- ular party organ:zation, send its delegates to the State Convention and fight it out there. But the Buckleyités don’t want the damage that would thus result, in the way of moral and political effect. g The committee of twenty-five appointed | at the meeting of the Buckley general | committee last Thursday night to take charge of the case before the State Central Committee held a meeting at 935 Market street last night and chose a sub-commit- tee to do the talking and fighting to-day. This committee is asfollows:: George R. B. Hayes, Reel B. Terry, M. J. Donovan, Henry Ach, Joseph Rothschild, James H. O'Brien, D. M. Gavigan., James Devato and James C. Nealon. When the resolution mentioned is of- fered to-day some member of the commit- tee friendly to the Buckley side will ob- ject to its consideration, on the ground | that the committee has, by all Demo- cratic principles and prestice, no jurisdic- tion to thus intrude itself into local politi- cal affairs and judge and regulate them. It can only act as a committee of arbitra- I tion, when both sides agree to presenta | re case, The committee will probably decide to | proceed to do something, and then the de- mand will be made, and undoubtedly con- | e, ceded, that representatives of the ue lar’ local organization be given an oppor- tunity to be heard before they arc exe- | cuted. Then, according to what appeared yes- terday to be the favorable course of thin Gavin McNab will object to their being given a hearing unless they will agree in | advance to be bound by the decision of the | State Central Committee. Mr. McNab, | feeling confident of a mejority of the com- | mitee, will agree to submit his case with- | out reservation and abide by the judgment. | Then the tight will develop. | The Buackleyites will not agree to sub- | mit to anything in advance. They will | say that if the committee wants to be fair | they will accept its arbitration on the basis | that there be held an open primary in the | selection of the officers of which both sides | shail fairly share. In other words, they will offer to meet the Junta at a primary } election, Quite & number of State Central com- mitteemen arrived in the City last night. Few or none from the interior would com- mit tbemselves on the local situation. All wanted to ‘‘hear the case first.” what influential Democrats. This support of influential and yet highly respectzble Democrats is, however, rather | passive than active, as i8 often the case under such circumstances. Butthese good | people constitute a minority of the organ- | ization. The Junta aggregation is com- | osed first and mainly of Sam Rainey and | Ei! Fire Depariment pclitical strength, | Superintendent of the Mint Daggett and | his patronage po'itical strength and Inter- | nal Collector Welburn and the political strength he wields through his patronage. To those three powers Gavin McNab is in close friendship. Gavin McNab alone can hold them together and Gavin McNabd wields their combined powers as one club. Added to these factors is a minority ele- ment of unquestioned decency, in the name of which all things are done by Gavin Mec- Nab. 80 as far as practical politics go the situ- ation now presented is one of Gavin Mc- Nab vs. Christopher A. Buckley. But there is a third element in the party, and it is a biz one. It is composed of Democrats who have no use for Buckley for one thing. For another thing they have no more use for Sam Rainey who, they believe, controls the Junta, when it comes to practical politics—not the talk- ing, which is attended to by Gavin McNab. This third element includes nearly all of that large element of the party that has no use for John Daggett, who fizures so largely in the Junta in conjunction with his personal and political ‘friend, Sam Rainey, who has foucht Daggett's battles in Sacramento and elsewhere and who gets men in the Mint whenever he wants them. It is the general understanding among local politicians that Daggett and Rainey’s combination looks to Daggett’s interests in State politics and Rainey’s interests in local polities. Daggett has had the hand of many Democrats against him since the famous Stockton convention of 1884, when he was formally read out of the party, and he has reopened a lot of those old sores snd gained a fresh lot of Democratic ene- mies through the way he has wielded his Mint patronage. Some are simply ais- appointed and some kick because Daggett has come down from Siskiyou and tried to control San Francisco politics. What Dag- gett wauts just now is the deiegation to the National convention. This third élement includes, too, the many anti-Buckley men who have no use for Gavin McNab, the anti-Buckley boss. Among the legion of local D mocrats who have enemies ready with a ciub M-Nab is a star. Among these are ccunted Judge Sullivan and J. J. Dwyer, who led the anti-Buckley revolution of 1592, and many who took leading parts with them. Stiil others, who have simply a hopeless desira to see something decent loom up in Demo- cratic politics, care nothing for anybody whose name gets mentioned in all the mess. Their position toward the Buckley and Junta factions is, *“A plagne on both your houses.”” Eugener Deaprey, chairman of | the last municipal convention, and ap- inter of that “Deuprey committee,’ h was used to start the Junta organis zation, is one of these anti-Buckleyites who will have nothing to do with the Junta. This is the local gituation which con- fronts the Democratic State Central Com- mittee to day with its chief prob'em. It is partly & matter of principle and discretion | and largely a matter of practical poiities. The members from tixe interior are nat- urally n]lrosnd to Buckley. For four or five months Gavin MoNab, as-isted by Max Popper and others, have been seeing and wrnnr to the country members of the committee, explaining "that the situation was one of the entire decent elements of the party against & dethroned and unsern- palous boss, who bas sold out and who won d sell out the party, and getting their assurances of support and their proxies, The state Central Committee consists of 103 members. Most of the eighteen San | Francisco members are against Buckley. | Nearly sll the interior members are against” Buckley; but the Buckleyites have not done the missionary work that Gayin MceNab has done. There are two main questiors related to to-day’s meeting—how far will the mem- bers present consider the situation to be one that calls for a new and clean deal in the shapeiof an open primary, and to what extent will it be a proxy “meeting, with Gavin MceNab voting the proxies? It was wenerally thought yesterday that not more than 50 or 60 of the 103 members would answer ‘rolleall to-day. The Buck- | | Daggett controls several of the commit- tee, and they and others who are controlied in other ways will ‘g0 down the line” for McNab, Many of the members were open to conviction as to what ought to be done in the interest of the party. Then there are the proxies. The Buckleyites say that the calling of the meeting for a Saturday afternoon wag a scheme to shut off debate and fair in- | vestigation through the members wanting | to hurry through and get home, and de- | bate and investigation are what the Buck- | leyites want and what Gavin McNab does not want. Next to the local fight the only thing of interest, unless some anti-railroad resolu- tions are introduced, will be the selection of a place to hold the State conventi Stockton began its campaign but last evening Sacramento was making the most noise and feeling confident of winning. The last time the convention was held in Stockton was in 1884, was the famous Stockton convention. It is said that John Daggett has bitter memo- | ries of Stockton, and that his influence will not go to that city. Sacramento has not had the Democratic convention for abont seventeen years, and that it is time they saw one. | going there this year. Isidor Alexander was the first Sacra- | mento hustler to appear. Last evening he was joined by M. R. Baird and P. J. | Shields, who are with him on the com- mittee, and by a committee of citizens ir= cluding William Beckman and Postmaster 0x. W. M. Gibson led the delegation of Stock- ton workers that appeared about the hotels last evenin, 8000 MUST BOW 10 L Some Cold Legal Facts Which Confront the State’s Executive. Impeachment and Mandamus Threaten Him if Lieutenant - Gavernor Is Omitted From His Prociamation. If Governor Budd carries out the pro- gramnme which he is said tobe contempiat- ing of omitting to provide for the election of a Lieutenant-Governor in his coming proclamation it is the opinion of enfinent lawyers that he will find a deal of cold, hard law to explain away. - The object of this omission is, of course, to continue his nominee, Jeter, in office, thus insuring a Democratic administration in case the gubernatorial chair should by any means become vacant. To do this it is reported that he intends to go confrary to the obvious spirit of the statutes and the unmistakable will of the people who adopted the State constitu- tion on the pretense of what he considers serviceable technicalities in the code provise ions. That these technicalities are mate- rial is not generaliy believed by legal au- thorities. Article V of the reads: When any office shall from any cause, be- come vacant, and no mode is provided by the constitution’ or law for filling such vacancy, the Governor shall have poser to fill such vacancy by granting a commission, which will expire ‘at the end of the next session of the Tegisiature, or at the next election by the people. This section seems to decisively deter- mine the ultimate method of filling vacan- cies, bnt to provide against any possible temporary vacancy of the important otfice, section 15 of the same article provides, after stating the manner in which the Lieatenant-Governor is to be elected, that, “It during a vacancy of the office of Gov- ernor, the Lieutenant-Governor shall be State constitution leyites concede that the proxy business will defeat them, ifl they are dcg»tod. and impeached, displaced, resign or die, or be- come incapable of performing the dutie Gavin McNab was yesterday quite hilnfi-' & That | the Sacramentans were declaring last night i They hold that it cuts no figure that the | Republican and Populist conventions are | of his office, or be absent from the State, the Prosident pro tempore of the Senate shall act as Governor until the vacancy be 9 wo m‘lfld‘view of the preceding article, the purport of this section 18 obvious. The Political Code virtually re-enacts the provisions of the constitution and furiher says in section 999: e v e becomes vacant and no vacaucy the GD\'ernorin:i\:\’(;]t t;{)l ::;ri\r;iclm:fi_: y i commission. election by the people. Section 1001 provides that: Lo ¢ occurring in the office of either tre Socretary of Siate, Controller, Treasurer, Attorney-General, Surveyor-General or clerk of the Supreme Court must be filled by a per; son appointed by the Goyernor, who shall hol office for the unexpired term. 4 : tisupon the omission of Lieutenant- Gnlvenmlr in this section that Governor Budd is said 1o rely for his authority to withhold a proclamation for that office, yet it would seem that the very omission here brings it under the section of the constitution which vrovides for the man- ner of filling offices for which no mode is particularly described. The spirit of the section providing for the appointiaent of a temporary occupant for this office ap- appears by analogy in section 2 of article V of the constitution, where it is pro- vided that ‘‘vacancies which occur in offices during a recess of the Legislature, the appointment to which is vested in the Governor and Senate, or in the Legisla- ture, must be filled by the Governor; but the persons so appeinted can only hotd office until the adjournment of the next session of the Legislature.” : Political sections 1053 and 1054 provide for the issuance of a proclamation at least thirty days prior to an election which “‘must contain a statement of the time of election and of the offices to be filled.” It is intimated that this section is another on which the Governor reiies to retain Jeter in office. His modus cperandi will be to wait until exactly 50 days prior to election. He will then 1ssue his proclamation, and any proceedings commenced after that date will be too late to_result in a va'id election for Lieutenant-Governor, as it has been held that a special election without the full time of notice prescribed is illegal. in speaking of this matter Attorney John E. Richards said : It is evident from the law on the proposition thatitis the duty of the Governor toissuea proclamation for the election of a Lieutenant- Governor in the fal. Should he neglect this duty the people have two remedies. One is by writ of mandamus. The people can sue for a writ on the showing that the Governor threat- | ens. to issue a proclamation leaving off this office. It is true some doubt has been expressed as 10 the availability of this remedy, when di- cted against one of the three co-ordinate branches of the Government, but California cases have repeatedly held that where the act 1§ one nurely ministerial and not the sub- ject of discretion the Governor oi a State is iable to mandate. 5 Ine case reported in the thirty-ninth Cali- fornia it is sai f the act is enjoined by law and the non-fulfillment of it is a wrong toa particular person that particular person may apply for a writ of mandate.” In this case perhaps any person deprived of his right to vote lor a Licutenant-Governor would be held to have sustained & particular wrong. Atany rate by that time there will be regularly nominated candidates for the office, and-these will certainly have sustained a par- ticular wrong. % Should the people deem it inadvisable to employ mandamus pfoceedings a second remedy is at hand, namely, impeachment, In view of the plain provisions of the iaw, it is not likely the Governor will run the risk of impeachment by t will undoubtedly be s Republican Senate. Moreover, it is the gen. eral view among Republicans that when Mr, Millard died the President pro tem. of the Sen- ate became Lieutenant-Governor. Should Mr. Jeter remain in office it is not unlikely that a Republican Senate would recognize its own officer. Governor Budd would then be put in a dilemma. The principle exempting coe ordinate branches of the government from mandamus, which is urged with doubtful pertinence in his defense, would be unquess tioned where the Senate was concerned, and the Democratic executive would be without any possible means of forcing the recognition of hisnominee. Other attorneys expressed themselves in a similar vein.