The San Francisco Call. Newspaper, March 25, 1896, Page 10

10 THE SAN FRANCISCO CALL, WEDNESDAY, MARCH 25, 1896. THE RIGHT OF FREE SPEECH, Interesting Decision in the Case of William Daily. CRIME OF THE CENTURY It Should Not Have Been Nipped in the Bud by the Court. THE FREEDOM OF THE PRESS. A Man’s Right to Speak, Write or Publish Must Not Be Abridged in Any Way. far beyond his ich the law gives $ the opinion in the case of Wil- d for a writ of ze Murphy’s wrong- o ertiorari to rs the Durrant case ly and otkers to a play to be pro- Daur- the play. the contempt n of yesterday, need not ned from y z his sentiments, put for his utter ion the court he mu afterward. strain or abri the press.” T! ble to th #5all hav mustapply for p publish, but he sh the law for w ites or s patent that this right h cannot be sbused before it is exercised The purpose of from that States isions of many of the const 8150 more or less f; y State constitutions trea of this question, but if there is a mat difference in the various provisions it works no harm to this petitioner, for the provision here consiaered is the broeder and gi m greater liberty in ht granted. The court then quotes Blackstone as saying “the liberty of the press consists in laying no previous restraints upon publi- cations, and not in freedom from censure for criminal matters when puplished. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this is 1o destroy the free- dom of the press. But if he publishes what is improper, mischievousor illegal be must take the conseéquences of hisown temerity. To subject the press to the restrictive power of a licensor, as was formerly done, before and since the revolu- tion of 1688, is to subject all freedom of WEW TO-DAY. HOW’S THIS? An entique Bedroom Set for $16 50. We really believe that its equal for the price doesn’t exist. Others for less—better ones for more— in fact, we're * *king pins” for bedroom sets—biggerstock, greater variety, lower prices than any other house in town. Seeing is bellesing. INDIANAPOLIS FURNITURE CO. 750 Mission St. and prepa- | and | ! sentiment to the prajudices of one man, and 1oakes him the arbitrary and infallible zange of ail controverted pointsin learning, religion and government.” Story is clso quoted ins similar vein and 2lso De Lolme. opinion says: t the order made by the trial courtin case was one commending the not to commit & eontemp of conrt, and such practice is novel in the extreme. The con er to protect itself in the ad- ter the contempt wes on deprived him ofs 1, s second trisl would that petitioner’s not be closed in advance for the f preventing an utterance of his ts, “however mischievous the pros- e speech, but at all times was re- to the law for an abuse of that he foregos 5 being b ake. Judge McFarland then comes forward with a short dissenting opinion. He says: 1dissent. All the provisions of the constitu- st be construed together and effect n, when possible, 10 each. The one (sec- 9 of articie 1), which provides that every - spesk, eic., is 10 be con- hat Jarge and important tion by which & judicial pertment of the Government is jereeted, and g reasons the order is &n- 7osd the power of the court erly conduct of bi : ants in & pending proceed- :nembarrassed administration of fustice. the ease at bar,in & court of record established by the constitution, a trisl wes gravely progressing, in which & m I was a1 stake, and an act wes about to be done hich it is admitted “would be an interference he administration of justice and deprive ofe nd impartial tria! etitioner | of such utterance. He had the | | Continuing then the | ed. 0 offender it could punish | s to the defendenton trisl he couid be any act of this pel AN EXEMPT HOG RANCH The Pens of Warren & Malley at the Foot of Laguna Street. ARE WITHIN THE “COW LIMITS” Yet the Cook Feeds and Fattens and Finally Fries the Adipose Porker Unmolested. ‘Warren & Malley, the contractors, have | a grading camp where the northern end of Laguna street aips down into the bay. From 100 to 200 men with their grading teams live there and a cook feeds the laberers in a hutlike dining-room. When his human boarders are not spreading the sanahills around that part of the town he feeds twenty-one hogzs that have their habitat in several pens behind the stables. The Society for the Prevention of Cruelty to Animals would never find a reason to throw the wgis of the law over that mena- gerie. Those swine are rotund with care, and their custodian is humane in his treatment of them, except when he puts | his knife into their squealing throats and stilis their treble protests forever. But while the twenty-one hogs have no 1. | complaint to make until the shadow of le thet & court is powerless to pro- | the butcher falls sinisterly athwart the | A warrant wes sworn out in Judge Low’s | which at that very moment came aong, | and when the car had proceeded about ' ! balf a block T handed my ticket to the | | conductor, .0 said: ‘Here, you'll have to go back and get a ‘transfer.” To this I said: ‘That’s the transfer the Third-street | conductor gave me.’ e “The ccoductor told me that if I did not | get off and get a transfer he would put me {off. Iam well known in this community, | the car was full of Jadies and I felt hurt to | bein a way chargea with trying to beat | the railway company out of 5 cents. I | told the conductor that I bad paid my fareand had offered him what had been given me at the time transfers were issued. | Toereupon he stopped the car and with | | the assistance of the motorman forcibly | ejected me, but not before I had obtained | the names of sevesal witnesses. They | used considerable force to put meoff. but | | 1 did not offer any resistance. In the ex- { citement I did not take the number of the car, but I have been informed that it was No. 255 The ticket given Mr. Hanson has | printed upon its face the following in small | _Take notice this check is nota transfer and will not be received for a 1are. Immediately upon the arrival of this car at Third and Mar- ket streets this check shouid be banded to the transfer agent at that corner b rrat | to whom issued, who should slso_ notify such egent as to direction in which it is desired to continue the trip, via a Market-street cable line, naming the particular line preferred, 1f L. WILLCUTT. a any. This check 1s not transferabie. ‘“There is more on this ticket,” continued Mr. Hanson, ‘““than a person can well read in the time from which it is delivered until the car comes to a stop, and in the case of a stranger in the City unacquainted with the different car lines how is he going to tell wnat particular line he prefers? *I believe that I have a good cause of action against the company and will con- sult an attorney with a view of bringing | suit.” | ————— Attorney and Client. WHERE WARREN & MALLEY'S CAMP COOK FEEDS, FATTENS AND FRIES HIS PIGS. from &n act t uld deprive him of & fair n In my opinion the power ction 9 of Article I, not to be 1 beforehand from speaking slander and ug iibels, does not ipclude the right not sippped from interfering in a pending proceeding in a cou thereto from havi iied cases of threatened libels individuals or property, and not cases = ‘there was & threstened interference with & pending proceeding in & court and an attempt to deprive & party theretoof a fair end impartisl trial. 1 think the order under review should be Justice Temple concurs with Justice Mc- | Farland in his dissenting opinion. THE BUILBEH_S’_ EXCHANGE A Disturbing Resolution Ex- pected at the Election Meeting To-Day. | Masons Say the Carpenters Can No | Longer Take Contracts for Afl | the Work. | { hold its annual election of officers to-day. | Though the scheduled business of the | meeting is confined to the naming of the men who are to be at the helm of the | organization and direct its affairs during | the following year, some trepidation has | been manifest on the part of some of the | trades composing the exchange. Itis all due to the practice which has | prevailed here for years among the car- | penter contractors of taking building con- tracts as a whole and subletting contracts for the masonry, painting and plumbing work. The carpenter contractors are afraid a resolution would be introduced at the meet- ing to-day relative to this method. “But the carpenters are beaten anyway,”. said a prominent member of the exchlnfie yesterday, “and they need not fear the introduction of any such motion. The can take care of themselves. You see the reason for this is that in times psst the | carpenter contractors h been in the | habit of taking contracts as a whole, and after getting figures for the mason, plumb- contracts out. Advantage was taken of | the plumber, the painter, the plasterer |and the mason who furnished the esti- | mates. Instead of giving the work to the | men whose figures enabled them to secure the contract the work was virtualiy put up at auction, using the original estimates | as a bait. | carpenter contractors doubled their own | profits, and, while keeping down those of | the other trades, also took advantage of | the builder because of the cheap character | of the work furnished.” *‘The wooden age has passed in this City,” remarked the well-known Contrac- tor’ McCarty. *“The masons are now in the ascendency, and it is ne.Jonger possi- ble for the woodworking contractors te dominate the other trades. If a resolution favorinie- continuance of the old system should presented at the meeting to-day | on behalf of the carpenters, it would be defeated by an overwhelming vote. We are in the brick and stone age now, and these trades cannot be dominated.” ————— Johns Brings Suit. William E. fohns, who was put off & Post- i | '| street car a few days sgo, is suing the railway compeny for $20,000 damages for be; ut oft &o car, for being struck by the wfl‘:figwr | and for being confined for an hour in jail. masons are too strong and the other trades | ing, painting and other work on which to | | base their bids, they have peddled the sub- | “By that means, it is plain to be seen, the | tect & defendantin a case pending before it | pen, the City of San_ Francisco, which is the larger part of their environment, does not share in the joysof their existence. In fact, the municipality is, in effect, look- ing obliquely at those twenty and one in- terloping swine and wondering why they are there. Possibly it has never occurred to Messrs. Warrer and Malley that a pig by reasen of his peculiarly insanitary disposition is 1efused a residence, alive, within those lines known as the “‘cow limits.” After his interview with the butcher the | hog becomes more savory and more fit for society and may come in. Warren & Malley appear to have neglected to know tHat on November 10, 1891, the Supervisors passed an ordinance prohibiting the keep- ing of swine and more than two cows within certain portions of the City, and also that by reason of its location their | hog ranch has no legal existence in the | | | i | | | | 1 ! place it occupies. The fact seems to have faded also from the minds of the health inspectors, but some leniency may shown these oificialls, working as they are ami% the odors of South San Francisco. Some time ago a2 man named Krause was the owner and keeper of several pigs, styed alongside of his tumble-down shack near the foot of Octavia street. Thegrunts of the proscripted porkers were heard by the neighbors and the sanitary officials soon made those pens “to let.” Buta couple of hundred yards away, across the sand lot, the Warren & Malley pig col- ony existed unmolested, Krause, ierelt of his shoats by the stern mandate of the | law, found comfort in the society of his goat, which was eligible to the territory within the “cow limits,” but the graders’ | cook could feed, fatten and fry his pets ad libitum, and no health inspector came 10 | The Builders’ Exchange will meet and | mar his joys from the day the pigs entered that unlawful pen till tuey went into the pork-barrel. So the hog ranch of Warren & Malley is permitted to spread its flavors on the City air, where the northern end of Laguna street comes down to the bay, notwithstanding an ordinance which says that swine must not be kept there, and residents in that neighborhood are asking why. They wish to know why the contractors should be exempt from a heaith order when Krause's pigs, a few steps away, suffered exile? EJECTED FROM THE CAR, W. E. Hanson’s Fault Was Not Understanding Our Trans- fer System. He Did Not Know That He Was Required to Wait on the Transfer Agent at a Certain Point. Because W. E. Hanson of 813 Laguna street did not understana the transfer scheme of the Market-street Railway system he was forcibly ejected from one of the cars of the McAllister-street line yes- terday morning. Mr. Hanson, who is a commercial agent and is out of the City a great deal of the time, in explaining how it all hap- pened said: “I went out of the City on the 18th of last February and only returned a few days ago. Previous to that time I frequently rode on the McAllister-street line, trans- ferred to Third street and then again from Third street to McAllister. I was not aware that there had, during my ab- sence, been any change in the manner of transfers. [ e down as usual this morn- ing and was given a transfer that was ac- cepted on a car of the Third-street line. On my return when between Mission and Market the conducior called out, ‘Trans- fers to the Market-street line,’ and when I vut out my hand he gave me a blue ticket which I did not examine, :npm(ng it was I been re- a transfer similar to those ceiving. I boarded a McAllister-street car 1 court yesterdey by Sol Cohn for the arrestof | Attorney J. T. Hogan on the charge of obtain- ‘inx morney by false pretenses. Cohn Alleges | that he engaged Hogan to institute a suit in Justice Carroll’s court against a man namea Castro to recover $22. Hogan got from him | fees of $2 50 and £4 50 on the siatement that he had commenced proeeedhui but up to yesterday no papers had been file FOR NATVE. PRODUCTS, | The Manufacturers’ and Pro- ducers’ Association Makes a Protest. | Does Not Wish English and Eastern Purveyors to Supply the Insane Asylum. Californian products and manufactures | are not to be relegated to a back seat if the | Manufacturers’ and Producers’ Association | | can help it. Hearing that the State in- | sane asylum at Napa was about to accept | bids from English and Eastern purveyors | for certain supplies to be used in that in- | | stitution, the association sent the follow- ing letter to the trustees of the association : SAN Fraxcisco, March 23, 1896. To the Board of Trustees of the NapaState Asy- Ium for the Insane—GENTLEMEN: We notice in | | the advertisement calling for bids for supplies | for the asylum recently published in the papers that Crosse & Blackwell’s olive oilis ! specified, as well as Duryea’s laundry starch. | The matter of *patronizing home indus- tries” has been heretofore brought to the at- | tention of your honorable board #n a letter | | sent from this office. and we therefore feel.that it is unnecessary for us to go into details on | the subject in this letter. We would, however, most res your attention to the fact that cles named | tfully c: th the arti- | are manufactured in this State, and that such output has 2o superior in the world, and _would request that you so alter these specifications as to give the California manufacrurers and producers an opportunity to bid on the same. | We would alfo respectfully request that in | awerding the contract for these supplies, close attention be paid to the bids from California manufacturers and producers, and where qu: ity and prices are found to be equal (as it will | be in almost every case) the preference be given to such California manufacture or product. Knowing that your honorable board is com- posed of gnblic—q)imed men, who are inter- ested in the community in which they live, we feel assured that this matter will be given the consideration it deserves, and that our request on behalf of California manufacturers and pro- ducers will be granted. Thanking you, I am, for the association, yours truly, MEAD, Secretary. On the same date a communication was | sent by the association to Governor Budd, calling his attention to the promises made by him to the effect that he would do ail in his power to protect and aid local man- ufactures and industries, and reproducing an extract from tbe Napa Journal of the 2ist inst., wherein the admission of the English and Eastern bids is noticed. The result of this important corre- spondence is anxiously awaited by the { members of the Manufacturers' and Pro- { ducers’ Association and by local business men. ————— To Sing ‘“ The Life-Line.” Next Friday evening in the Young Men's Christian Association auditorium, Mason and Ellis streets, at the mass-meeting for young men only, Ira D. Sankey will, by special re- Iguesl, sing “Throw Out_the Life-line” and J “The Ninety and Nine.” Mr. and Mrs. George | C. Stebbins vill also sing their new song, | “Saved by Grace.” Complimentary tickets ot admission may be secured by young men on application at the association's office. This | will be the farewell service in San Francisco. —————— 2 From the Mission to the Beach The Market-street railway system had a force of laborers and track-layers at work yesterday um:’ in & curve at Third and Mission streets, his will be used by the line of cars that will run from the Mission to North Beach slong Kearny street. BT R GoTany ear or tooth ache in yours? Mitchell's Msgic Lotion will surprise you. - A e A A T T e e T T o e M ACTOR'S REML TEARS. | E. J. Buckley Deeply Moved by 1A Notable Aggregation Plays‘ for | vet I thank you $60 15. This included the cost of flowers, | extra musicians, carriage ‘hire = and printing. | ! trilling of the star to the perspiration of NEW PUBLICATIONS. Syndicate. i é g | ? Fair Warning Is given to all readers of this paper that to-morrow (Thursday), possibly To-day, will see the end of the great special limited distribution of 500 introductory sets i ic Dicti 7 f over of the incomparable Encyclopzdic Dictionary (4 sumptuous volumes o 5000 pages) on the remarkably favorable terms offered by The Newspaper $1.00 Secures Immediate Delivery of the Entire Work, AFTER THESE 500 INTRODUCTORY SETS have been distributed the price will be advanced. NEW PUBLICATIONS. N .;fi > LA e "'////«;:-(lll,,,, i e T fiil [ FOUR MASSIVE VOLUMES, 8,357 Pages. Weight About 40 Pounds. AT ONCE A DICTIONARY AND AN ENCYCLOPEDIA. PRODUCED AT A COST OF OVER $750,000. e — i ] 7 7 - = i i i il P70 o | = D % A 2777777, ——e i 1S THEY | LOOK. | in itself. ~ DO NOT DELAY, Or you will miss this unusual opportunity to secure a set of volumes which embraces both a Dictionary and an Encyclopzdia, and constitutes a Library Such a Likeral Educational Proposition Has Never Before Been Made, and Will Never Again Be Repeated. months., The work will be supplied in months. The FIRST PAYMENT in e the style of binding yon desire (W& R first payment of $1 is received, and you application. Address volumes sent, as the charges for delivery must b2 paid by the purchaser. THE PACIFIC COAST NEWSPAPER SYNDICATE, 36 .\!qni SEE HOW EASY IT IS T0 SECURE THIS GREAT WORK. Bring or send $1 to the PACIFIC COAST NEWSPAPER SYNDICATE, 35 M« four superb voiumes, bound in cloth, wil b: forwarted. The bilane HALF RUSSIA for $1 5) monthly very case isonly $1. Attretim ECOMMEND THE HALF RUSSL sendin s BIND therefore have the use and banefit of a anlin fulls membar, the th2 volumes paying for them. The absolute confidence of The Syndica.e that the work will be thoroughly and cheerfutly paid for isclearly shown by sending such a valuable set of books k i an advance payment of only $1. Every one is invited to call and inspect the work, or sample pages will be faraished on 14 o and the entire set of $1 25 montaly for 12 2 moathly for the 12 1t please desiznate 2 how you wish the o b2 pa ar ING). ole year you are shly vatued h is $42, on ion price of w omery Street, San Franeiseo, mmmmummmuummumuummumumummmummuuuumnmummuumnmmmmuummmummmmsmmmmmmauuummuumunmuusmwm N | “the Loving Efforts of His Friends. Love at the Baldwin With Entire Success. i e e | At the Baldwin on Sunday afternoen the benefit given by his brother actors to E. J. Buckley was a labor of love and was | abundantly rewarded. The house was crowded from orchestra to chandelier. Actors on one side of the footlights did their utmost to win applause, and actors on the other were first to lead the applause that always came. And yet it was no labor, for as dear old Ed Buckley said in his touching words at | | | | | | the end: | “An actor would rather act than eat, and | ‘u that you have acted | for me.” The proceeds of the afternoon were $1132; the expenses amounted only to | The flower girls received for selling pro- | grammes and boutonnieres $9295. ‘They were Misses Ray Lennwood, Vera Worden and Bessie Emmet of the Tivoli company, and Misses Charloite Crane and Elsiner Davie of the Texas-Steer Company. Everything was tendered iree, rom the the stage hand. The first act of Hoyt's “*A Milk White Flag” was rendered with hilarious vim; the sextet from **Lucia,” by the Tivolh Opera Company, was accom- panied by the entire Tivoli orchestra. The | remainder of the excellent programme was ! as follows, with the exception of Billy Kersands. who was detained at Haywaras: | Gilbert and Goldie (by kind permission of ‘Walter Morosco, Grand Opera-house). Charles B. Ward, the Bowery boy permission of Gustav Walter and Joh: sey, Orpheum). Alburtus and Bartram, tne college boys, chnm‘plan club swingers and jugglers (by kind permission of Gustav Walter and John Morris- sey, Orpheum). Tim Murphy in a few little thinge. Little Verita in Ler little French dance. Frank H. Belcher. Lucia Henderson ina E‘M recital (by kind oyie and Arthur 8. permission of Milton Aiston). Carroll Johnson, *“Ma Angeline.” Sextet from “LN‘JD"' Tivoli Opera Com- pany—Carrie Roma, Luin Ward, Martin Pache, John J. Raffael, Arthur Boyce, W. H. West, Sig. G. Napoleoni, and full chorus under the direc- tion of Carl Martens (by kind permission of Mrs. Ernestine Kreling). Pretty Pearl Landers. Billy Kersands (by kind permission of Richards & Pringle). “*Auld Lang Syne.” The Baldwin was donated by Alfred Bouvier and L. Morgenstern, these two gentlemen, with Alf Ellinghouse, forming the committee on managément. (by kind | n fiorris- | | of this opport | pletely gave ifornia Adsigns Compan printing, Francis, Valentine & Co. and W. B. Sterret; piano, Sherman & Clay; cal- cium lights, San Francisco Calcium- | light Company; distributing, Sterling & | Dunphy; advertisements, daily and | weekly papers. { At the conclusion Mr. Buckley, sup- | ported by Miss Roma on one side ana | Colonel Kowalsky on the other, spoke of | | his appreciation and gratitude with so | who ha much pathos in his voice that he brought | out more than one handkerchief of dainty | lace or otherwise to wipe tears away. He | thanked everybody, calling Lis brother | actors by name. | “I have not been on the stage before in | five years,”" said he, ““and if I talk too long | 1t is because I am trying to make the best | Ending, he com- | s his feelings, saving, | *God ble:s yoa all.” ] And this bit of realism received louder and more lasting appiause than had been vouchsafed all through the performance. Mr. Buckley boastsof beinz an argonaut. He came here January 7, 1850, his debut in this eity being at Maguire’s Opera-house. ! This was before the oid California Theater | was built. Later he played in the old Cali- | fornia Theater, and it was during this time that he married a Miss Cochran, who was | then a premiere danseuse of California. He has played in both Booth and Bar- rett's companies and has played star parts | in many others. He has been paralyzed nearly five years, teing unable toraise .is hand to his face. Soon after his first stroke of ralysis Frank McKee of Madison nnru“i’ahenter. New York,gave a benefit for the popular but unfortunate actor, realizing $3000. At the same time Alf Ellinghouse sent a draft for an even thousand. Mr. Buckley is now livi: with his broiher. A MUSICIAN’S REQUIEM. M. A. Pinto Buried With Grand Musi- cal Honors by His Colleagues, the Union Players. M. A. Pinto, the pioneer musician, was given a farewell Monday that became a player, and the crowded streets were blocked awhile as his funeral passed along. The sight was one seldom seen in San Francisco, and it attracted considerable attention, if not, indeed, surprise. Pinto came with the yold seekers in the very early days, but instead of searching for the golden fleece he remained in the young City with his bass violin snd his ‘cello. And ever since he has played night after night through forty-five years in San Franeisco orchestras. In the Musicians’ Mutual Protective Union helwasiknown “Papa Pinto,” and so when zhess.ikm ple oi‘; man had passed away his fellows de- termined that he should havea requiem of melody. plain black casket, was ng in Berkeley y The ‘uody‘ in a orne into the musicians’ headquartes Fourth street, at 2 p. M., an th-nr!'u?: burial service was held. A large number of musicians were gathered in the assem- bly hall and a grand orchestra occupied one part of the floor, near the casket. President E. W. Kent delivered a brief ad- dress, mainly in praise of the deceased member and full of interesting recollec- The lighting was furnished by Stone & Stanton (Baidwin Hotel); posters, Cal- | tions. At the close of hisremarks Chopin’ “Funeral March” was played l!!l :853::5 piece by the orchestra,, and Rey. Mr. Fuendeling of St. Markus Church pro- nounced a prayer over the remains. The remains were then escorted from the hall by William Delaney, T. H. Einer, J. Mundwyiler, E. Dreyfus, P. Diaz and £. Ratti, who acted as pall- bearers. The funeral cortege was headed by a volunteer band of 125 union musi- cians, whose concerted music on the streets created a deep impression on al ppened to be near Market and Fourth streets as the procession nass Beethoven’s funeral march was played thelarge band with magnificent effect. This was the first musician’s funeral in San Francisco since-the National Musi cians’ Union abolished the law maki compulsory on members to turn ou buriels. A new rule, asse: bers throughout the National body for deaths, was passed to enable the local or- ganization to give its dead member a suitable burial. The old rule, however, appeared to be nearest the hearts of the musicians, for they nearly ali responded and gave their dead comrade a melodious requiem. . he interment was in Laurel Hill Ceme- ery. 3 t at ssing all mem- —————— The finest.tomb in Great Britain is une doubtedly that of the D in the grounds of the D over $1,000,000. uke of Hamilton, uke’s seat. It cost NEW TO-DAY. THE OWL 59 DRUGGISTS ! 1128 MamE®ET ST. A POSITIVE cOUGH . BALSAM, 250! i THE OWL DRUG CO. San Francisco—Los Angsles. Pinkbam’s Vegetable 4 Pair.\e's Celery Campou:gl.m“nd Joy's and Hood's Sarsaparil 75¢ 652 THE OWL DRUG CO. CUT-RATE DRUGGISTS. Williams’ Pink Pills. __ Castoria. .. Syrup of Figs. Cuticura Reg:t)lvem 70c Warner’s Kidney Cure. 856 Allcock’s Porous Plasters . 10¢ Carter’s and Beecham’s Pi 15: Allen’s Malt Whiskey. Romany Oil..... y WRITE FOR PRICE-LIST. THE OWL [ DRUG CO.