The San Francisco Call. Newspaper, March 25, 1896, Page 9

THE SAN FRANCISCO CALL, WEDNESDAY, MARCH 25, 1896, never give in, 5o we can ultimately crush them out of existenice. We will win by fighting our encmies, but mot by fighting the favorable THE STRIKE IS \ \ bosses. More than that, the Bufldiug Trades Council ome to our assistance ana decline to will ¢ work on any non-union job, for the card sys- tem will surely be enforced; but we cannot in justice ask them to assist us In an unjust fight HALF FINISHED, & sk i S 1 | an overwhelming vote. cided to assess every man working fifty cents for each day he works. Union Painters to Return to | Work for Friendly | Bosses. | { announced the followin, WILL FIGHT THE OTHERS | The motion to let the strikers go back to work for the friendly bosses was carried by It was also de- This will make a revenue of about $200 a day with which to continue the strike against the | master painters and to provide for the strikers who became impoverished by ason of the strike. A little later the executive committee partial list of em- ployers who have acceded to the union’s demands and for whom the unmion men may work, beginning to-day: Swan d Stefn, J. Cooney, B. Bradley, Meyers | (761 Mission), Spanton, Chaban, T. McCsrthy, Salvation Army Soldiers Are| Taking the Places of the Strikers. SUB-CONTRACTING FOR WORK. | All the “Struck” Shops in the City Are Picketed—The Oakland Union’s Action. - | An important change in the sitvation of | the painters’ strike took place yesterday. It was decided to permit the union men to return to work for boss painters who are | favorable to the union. | The striking painters have found that Salvation Army soldiers were taking their l il W. DANIELSON, ONE OF & Willi ms (Devisadero), Crow & Curley, Skelly sh, Antonetti (0’Farrell), Burr & Shields, ompson, J. R. Cahill (Valencia), J. C. Kimball, 'T. Downing, Pessano & Car- ralto, F. Frank, A. H. Brand (Buchanan), Dear- baum, Willis, Mellon, Keefe, L. Stein, J. Duff Dwyer, C. G. & Co. (20 Geary), G. W. Clark, Patchel & Battu, F. Men ,'J Lunny, Hopps_& Son ; sky, Brier, M. sisunder, Crosby, ~Anderson Brothers, Sankey, Weinhold, Joll,\'n, L, Lavigne, Palmer & Stet- son, L. Beldoni, C. Foley, Brace, Tom onel McCarthy, Alexander, wards, White & Co., Getz, Hallett, Kehoe, Sheehan ith street), M. Gallagher, B. Walker, Agruar, Koch, Brown & Johnson, Charles Bernard, S. C. Murray, Tillman, Joe Smith (O'Farrell street). J. Schofield, Payne (Pine street) Hagerman, J. C. Clancy & Co., Dave Harri: Armstrong, Besthorn, Tuson, Beguhl & Son, Wadham, ' James Ranfield, C. Hoffmann, Orich, J; Hindman (Fifth stréet), H. Hamilton. This list will be added to as the bosses yield to the union’s demand. After a little discussion it was decided that all idle union painters register every day between 9 and 11 A. M. with the execu- tive committee; also that shop stewards be selected by the men in every shop. These two actions will prevent any rene- {HE ACI:YE WORKERS IN THE PAINTERS’ STRIKE- places on contracts that kave “struck” and that the Salvation Army | officers were taking sub-contracts from the | master painters unfriendly to the union. | The Oakland union has been advised by | the parent organization in this city not to strike until it grows stronger in numbers. | There is no change in the situationon | the employers’ side of the controversy. i —_———— | WILL RETURN TO WORK. | Striking Unlon Painters Permitted to Return to Bosses Who Ac- cede to All Demands. | The most important meeting of the | Painters’ Union since the strike began was held yesterday at 115 Turk street. The union decided to let the men go back to work for the boss painters who are favora- | ble to the unior and who have and will accede to all demands. This matter for the | past two days has caused much discussion | in the meetings of the union. It was brought up by the co-operation | commitfee of twenty-five appointed to as- sist the executive board in conducting and | arranging the plans of the strike. Chair- | man Ames read the report which recom- mended that the union men be permitted to return to all “fair” or union shops. That is, shops where the bosses have and will declare themselves favorable to the union, pay $3 a day for eight hours’ werk and recognize the working-card. | The master painters to whom . the men | return to work must not take a contract sublet by the master painters who are fight- | | | | ing the union. §h~ committee further recommended that the men who return to work under these conditions contribute a part of their days' wages to the union to be ased for the maintenance and support of toe strikers | who are unable to secure work and are! still on strike. : { This threw the question fairly upon the meeting, and it must be adknowledged that the leaders were uneasy asto what ac- tion would be taken by the majority Upon the decision depended the [ife o death of the union as well as of the strike. | There were a number, as may be ex- pected, who favored fighting all the bosses to the bitter end, and their argument was that the matter was practically in the | hsnds of the Building Trades Council; | that the main principle involved - was whether or not all contractors must respect | the working-card, and that by April 1 the | fight wiil fall upon the shoulders of the ‘entire building trades. In other words, the painters should stand together and conquer or die. The arguments of those who favored adopting the committee’s report were summed up in the following remarks by Meclvor: It issaid that we made a mistake in ealling | out the men on a general strike, and not ex- cepting those who declared themselves in our favor at the first. I deny that assertion. We nave made no mistake. Between the first and | the second call-out many bosses professed to be friendly to the union. They were not. They madé the professions simply to be able to finish their contracts, and then they began to take the contracts from our avowed ene- mies. Morsover, they were among the first in ine Master Painters’ Association to throw down the gauntlet to fight us. We were obliged to dosomething to find who were our friends, who were our avowed enemies and who were trying to carry water on both shoulders. This wes determined by the last eall-out, which was the only way possible to obiain that kngwleage. - The line has beén drawn, and it is weil de- fined. We knoW our enemies from our friends, and it s unwiseand unjust to cause the latter to suffer with the former. Let us return to our friends and help them and they will help us. The public wanting any work done will go to those bosses who have men to do the work and not to those Master painters whose shops are tied up. This action does not raise the strike, for we will still continue to fight the Master Painters’ Association until the last man .of ibem gives in or dies. I hope they will been | gade from working in non-union shops | on the quiet and keep all shops ‘‘clean.” A motion to demand thav the bosses take back their old hands and that no one be allowed to fill a place vacated by a man ordered out on a strike was voted down, on the ground that all bosses shoula have the right to select their own men so long as they take union men. These matters being settled the best of harmony prevailed. A letter was read from the Tin, Sheet- iron and Cornice Workers’ International Association of this City extending hearty support and financial ‘assistance if neces- | sary. A letter was received from a painter at Menlo Park which stated that Kuss had eight non-union men at work on the house of E. W. Hopkins. He wantsa committee of eight to go down there and induce the painters to quit work. St. Denis’ contract | at Menlo Park is still tied up. A T THE OAKLAND UNION. Its Representatives Were Advised Not to Go on a Strike Immediately. The committee of twenty-five held a meeting last evening and received a delega- tion from the Oakland Painters’ and Decorators’ Union No. 2, which is a branch of the San Francisco union. In Oakland there are 75 union painters, and about 300 in all. The delegates from Oakland wanted instructions as to whether or hot | it would be advisable to make a demand for a $3 rate of wages for eight hours and a recognition of the card system. A demand of this kind would meana strike. It was explained that there were many non-union men waiting the decision of the union as to whether or not they would join, not wishing to join and be im- mediately ordered out on a strike. Where the Oakland union is under the jurisdiction of the San Francisco body the latter'’s de- cision is very essential to the matter. Another item was that three Oakland union men are under the ban for working in San Francisco aiter having been called out by the parent body. These are anxious to have a strikedeclared in order to prevent their being expelled from the Oakland union. The committee recommended that as a large number of Oakland men were ob- taining $3 a day, the union do not go out on a strike until it controls the entire craft, and then a demand will serve the purpose of a strike; also that the tnree men be fined for violating the union rules. The Oakland men also reported that as some of the San Francisco master painters are subletting their out-of-town contraets at Menlo Park and San Rafael to Oakland bosses, a resolution was passed by tbe union that no Oakland painter will be per- mitted to go out of Alameda County to work on such jobs. They further stated that St. Denis, who bas the Parrott building contract, is offer- ing Oakland painters $4 a day to finish the job, but without success. Another report was that N. P. Kuss, the San Francisco painter, is hard at work across the bay en- deavoring to induce the boss painters of Oakland and Alameda to join the Master Painters’ Association. S n i iSALVATION PAINTERS. Sald to Be Working For and Taking Contracts From Anti-Union Bosses. The striking painters have encountered a new enemy in their strike for higher wages. A short time after the strike be- gan the officers of the relief committee of the Salvation Army went to the bosses who are recognized as enemies of the union and offered to take work cr handle sub-contracts. Such was the repért made Iby one of the union painters last night. He said he had thoroughly investi- the matter and found t! to be as stated. 5 He saia that such a job is being com- Pleted on Cole street, near the Odd Fel- ows’ Cemetery. This work was sublet from Hoefer, the master painter, and Sal- ~yation Army soldiers are now finishing a “struck” job. 2 Upon investigating further he was in- formed that the captain of the Salvation relief committee, on Sacramento street, offered to furnish any number of good workmen to take the strikers’ places at $2 50 a day. He pays the workmen $1 & day and.turns the remainder, $1 50, into the Salvation relief fund. From what can be learnad there are a number of bosses who propose to either hire these soldiers (for the hours of work cut no figure) or sublet to the Salvation Army officers. e LT MASTER PAINTERS FIRM. gated e situation They Will Not Employ Unlon Men While the Strike Is On. The master painters admitted yesterday that there was a deadlock in the bulk of their business because of the strike. Practically little or nothing in comparison with the volume of spring business was doing, but this condition was to be re- gretted by journeymen and master painters alike. If there were one clearer indication than another of the real state of affairs, it was noticeable in the unfeigned expres- sions of desire on both sides that the strike would soon be concluded. “So far as the master painters are con- cerned,” explained E. H. Black, president of the Employers’ Association, “it looks | now as if this condition could 'extend for | several weeks to come. The owners of | property are willing to postpone the paint- | Ing of their houses, so tbe bosses won't find any pressure upon them. To be sure | the expenses of running sheps, rent, etc., | keep up; but the question arises in this connection, Is the boss as well able to | stand the strain as the journeyman? Many of the journeymen had no money | saved when they went out on strike. I | don’t believe they were prepared for it, | and it will be hard for them to hold to- gether. “‘A proposition came from them to put. some of their men at work, so that the wages could be divided among the strikers; but that was not entertained. *I would wish to impress upon the journeymen that 1 am not their enemy, I am simply a servant of the Master Paint- ers’ Association, and as its president it de- volves upon me to carry out the wishes and instructions of our society. Person- ally, I have nothing in the world against the men, but on the eontrary I would like to see things in such shape that they could get better wages; and Iwould cer- tainly like to see this strike at an end. I make this statement for the reason that a threat was made to-day within the hear- ing of a friend to ‘do me up.’ "’ David Harris, the master painter whose | contract to paint B'nai B'rith Hall was de- layed by the strike, had a force of men em- loyed yesterday in the interior of that | Euilding. | “It does not mean,” he said, “‘that be- | | cause I put some men to work on the hall Iintend to finish the contract during the strike. I don’t want to do anything that would injure the B. B. building, but it was a matter of urgency in one portion. | This job is only on the saloon, which bas | to be finished in a hurry, butI don’t propose | to continue the work until after this | trouble 15 settled, although I can get all the men I need.” . THE COOKS AND WAITERS. They Met Last Night and Effected a Permanent Organ- 1zatlon. There was a large meeting last night at 1159 Mission street in answer to a call look- |ing to the permanent organization of a cooks’ and waiters’ union. The meeting was called to order by T. Beresford. Mr. Garver of the Furniture- makers offered a suggestion that the union should be organized on political lines from the outset. G. B. Benham spoke in the same line and favored socialistic ideas. He was fol- lowed by W. Macarthur of the Sailors’ | Union, one_of the organizers of the San Francisco Labor Council, He entered | into a lengthy explanation of the organiza- | tion of the Sailors’ Union, which he’ de- clared is now one of the strongest labor organizations in the United States, and he | said it was such because it had steered clear of politics, which he declared is the |rock on which all organizations are | wrecked. One in the audience asked why the sailors had not helped to elect a sailor to represent them instead of electing a pro- fessional man like Maguire, and Mr. Mac- arihur replied that while the sailors are a power they could not elect one of their number to any office. “We have first- class men,’’ he said,'*Andrew Furuseth for instance, who I doubt not would make as good a President as many.”” - “Yes,” said a voice, “he’d do better than Cleveland without much trouble,” There was an executive session which lasted late into the night, 2nd after a pro- longed discussion it was decided that there should be mo politics in the organi- zation. It was decided to call the organization “The Fraternity of Cooksand Waiters,” and a constitution was adopted. The question of socialism in the fraternity was laid over until the next meeting when officers will be elected. SRSl On Picket Duty. Early yesterday morning a strike com- mittee of twenty-five went to the Parrott building to meet and turn back the non- | union workmen whom St. Denis had “en- gaged to finish his painting. Beveral strikers gained access to the building be- fore work hours to see if the non-union | men had been camping there over night, but none were found. When the noh- union men arrived, at 7 A. M., they were escorted into the building by the police. There was no sign of gdisturbance. All of the other non-union shops in the City are “‘picketed” by union painters, St e The Lathers’ Strike. At a meeting of the Lathers’ Union last evening it was decided not to take any more active steps in regard to their strike | until April 1, when the Building Trades Council’s working card will go into effect. Then it will be necessary to *'strike” on all jobs where non-union men are at work. ‘At present there are only three non-union jobs in town. A committee from the Oak- and Lathers’ Union was present and plans were discussed by which lathers from the two cities shall not interfere with each others’ work. Able attorneys have been engaged to defena the striking lathers, arrested for murder in the Marrs case. Seibkeosrnides A Painters’ Benefit. The striking painters will be given a grand benefit next Wednesday evening by the theatrical people of this City. W. Danielson was the leading spirit in this movement and he has met with unusual success. At the meeting yesterday after- noon he reported that he had secured the Bush-street Theater for Wednesday even- ing. Mr. Taylor of the same committee stated that enongh professional talent had volunteered their services in sid of the striking painters te start two shows. Coole gD = Glazler® Organize. The Glaziers’ Union of 8an Francisco was organized last eveniug at 115 Turk street by Organizer McCurtney of the Building Trades Council. Twenty men signed the roll. There are abont fifty glaziers in this City, and from all accounts they will all join the union, which will at once send delegates to the Building Trades Council. They will meet next Monday at the same place. GOODNEss, gracious! I'm well already. How quickly Mitehell’s Magic Lotion acts! So easy 10 use (or clean) too, . N A QUESTION - OF DOMICILE, Processes Cannot Be Car- ried From One State to Another. SOME NEW DIVORCE LAW The De La Montanya Troubles Cause a Long Supreme Court Opinion. A DEFENDANT'S LUCKY ESCAPE. He Got Away Before Suit Was Filed and Pleaded Lack of Jurise diction, The Supreme Court has passed upon some interesting points in divorce law while deciding the divorce matters be- tween Lorraine de la Montanya and James de la Montanya Jr. The case is a celebrated one on account of the prominence of the parties to the suit and of the peculiar charges made and circumstances surrounding it. The com- | plaint was filed two days after the defend- ant left for Europe, taking with him his | two children. There was no personal sum- mons possible, so-an attempt was made to | establish constructive summons by publi- cation. De la Montanya went direct to Paris, arriving there on December 19, 1893, and on July 14, 1894, he applied for and was given permission by the French Min- ister of Justice to domicile himself in France. In the suit commenced two days after the defendant’s departure the claim was | made that he left the State for the express purpose of evading the court’s jurisdiction. | The default of De la Montanya was en- | tered, the cause was tried, and on May 16, | 1894, iudgment was rendered for the plain- | tiff. The judgment was that the marriage be dissolved, that the care of the children be awarded to the plaintiff, and that she should at any time have the right toap- ly to the court for suitable allowance rom the defendant. On September 7, 1894, the defendant moved for an order vacating this judg- ment in so far asit related to. the support of the plaintiff, to the care and custody of the children, and so far as it related to alimony. This motion was based upon | the claim that the court had no jurisdic- | tion over the subject matter or over the person of the defendant, as he was and had since the beginning of the action heen outside of the State, and no process or summons had ever been served upon him, and that the children were not at the be- ginning of the action, and had not been, | in California. This motion was denied, | and upon an appeal from that denial the | case came before the Supreme Court. The | Supreme Court has reversed this ruling | and has directed the trial court to grant the motion. On appeal De la Montanya based his plea for a reversal of the order on three grounds: First, that the proof of publi- cation showed that constructive service had never been had according to the laws of this State, and thereiore the jndg- ment was void; second, the defend- ant and children at the of | the attempted service of summons | were domiciled ig France and therefore | the courts of this State had no jurisdiction | to award the custody of those children to ! the plaintiff, or to award alimony, and | third, that the mere fact that the defend- | ant and the children were outside of the | State at the commencement of the action deprived the State courts of jurisdiction, even admitting that the children were domiciled in California and the construc- tive service of summons was in all re- spects regular. The plaintiff admitted the facts in re- gard to the departure of the defendant | trom tne State with the children, but | claimed that as a matter of fact and of | law the children had always been domi- | ciled in California, and she contended that | such being the case the court acquired | jurisdiction, not only to grant the divorce to. her, but to enter a judgment against the defendant valid at least in California. She also contended that the fjndgmenu awarding to her the custody of the chil- dren was valid, because it was an incident | to the divorce, and that upon a dissolution of the marriage it was necessary to pro- | vide for the children. Furthermore she contended there was no judgment for ali- mony or allowance of any kind. The Supreme Court says that, conced- | ing the defendant and the children were | all domiciled in California, although in fact absent from the State at the time of the commencement of the action, snd since then, and that the constructive ser- vice of summons was suflicient to give the court jurisdiction, the court did not have the power to award the plaintiff the ex- clusive custody of the children and allow alimony. To concede that the judgment was good would be to allow the invasion of one State by the process-seryers of an- other. A process cannot go beyond a State and compel any person there to re- tutn to the State wherein the action was being brought and there make his defense. As well might a citizen of a foreign State be summoned from its borders for the same purpose. If such things could be done there would be no one to determine the particular domicile of any person. Domicile often depends upon secret inten- tion, and such a test would be most un- satisfactory. | 2 It has been often said by courts that domicile is the test of jurisdiction in di- vorce matters, but the " Supreme Court holds that this doctrine has been built up mainly, if not entirely, to prevent parties really residing in a State from going else- where for the purpose of getting a divorce. Domicile and actual residence do not al- ways coincide, the court notes, and the question is asked, ‘“Wnere, then, does the jurisdiction rest?” Jurisdiction, the opinion continues, is derived from the constitution and laws creating the court, and there is no limitation in the constitu- tion of the United States upon the power of a State to give to its courts jurisdiction over all persons found within -its borders. Domicile is the testof personal rights in regard to inheritance, but unless made so by local law it isnot important as affecting the relations of the individual to the Gov- ernment. The relations of the individual to the Government depends upon actual presence within the territorial limits of a country and upon citizenship or allegiance. Referring to the contention of the re- spondent that the decree was valid as to children and slimony, although the ser- vice was constructive anruersoml judg- ment could not be rendered as incident to the aivorce, the opinion says that it can- not properly be said that there was a de- fendant in the case; that the sumnions was | time not a writ to bring the defendant into court, but a notice that proceedings were nding against him. It brought the case into court, but not the defendant, and the adjudication must be confined to that status of affairs. g Regarding the children the court says the court may award their custody to one of the nts. It is a mode of appointing a guardian which is always a matter of lo- cal control regardless of the legal domicile of the children, if domicile and residence ‘do not coincide. The opinion then states that the denial of the order should be reversed, and di- rects the court below to grant the defend- ant’s motion. . Justice. McFarland filed a dissenting opinion in which he criticized the ruling of the majority of the bench. In the course of his comments he said: All that is necessary to be determined by this case is that a citizén and resident of Cali- fornia cannot escape the performance of his duties and bafile our courts in their attempts to enforce the rights of others against him by sudden flight and temporary absence expressly intended for that purpose. "Every rule of law and every sentiment of justice iS an obstrue- tion to the success of such strategy. Justice Van Fleet and Chief Justice Beatty concurred 1n McFarland’s opinion. The prevailing opinion was written by Jus- tice Temple, Justices Harrison, Garoutte and Henshaw concurring. A BICYCLE THIEF. H. M. Hafford, a Sailor, Charged With Felony Embezzlement. H. M. Hafford, a sailor, was arrested yes- terday afternoon by Detectives Bee and Harper and had four charges of felony em- bezzlement booked agamnst him at the City Prison. Hafford was short of cash and became possessed of the idea thatit would be a good way to raise money to hire a bicycle and pawn it. He visited four different firms and hired a bicycle from each, which were pawned for §15 apiece. Two of the dealers were Backus & Co. and T. H. B. Varney, and they complained to the police. Bee and Harper were de- tailed on the case and soon obtained a de- scription of the man who pawned the “bikes,”” which was followed by his arrest. The four bicycles were recovered. Hafford's statement that he was a sailor was simply a blind. He was at one time & letter-carrier and later manager of a cy- clery at theend of McAllister street. 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LADIES’ SUITS, consisting of Skirts and Double - Breasted Jackets, in navy, black and mixed brown cheviot, with ripple skirts, mandolin sleeves, neatly finished, worth $7 50, will be offered at $5 each. At $7.50. LADIES’ SUITS, consisting of Skirts and Double-Breasted Jackets, in black and navy cheviot, lined throughout, ripple skirts, mandolin_sleeves, worth $10, will be offered at $7 50 each. LADIES' DRESS SKIRIS! From $2 75to $20 Each. A full line of stylishly made SKIRTS, lined zhronfhout, in Serges, Cheviots, Figured Alpacas, Fancy Blacks and Colored Goods, Figured Black Silks, varying in price from $2 75 to $20 each. WASH G00DS! Largest assortment of foreign and home manufactured Wash Goods on the Coast. Everything that can be desired in new, beautiful and effective fabrics. Prices always right. LEADERS! FINE DIMITIES, well made and new printings.... 12%0 'fll‘d ORGANDIES, fine texture, 31 inches wide, medium and light colorings............ 12:c Yard | AMERICAN DIMITIES, good styles, nice fabric (juslu’fl Ya"d Opeited ). o o Gl g IMPORTED ORGANDIES, in a large line of colorings. 350 'fll‘ll FULL LINE LINEN BA- TISTE, Grass Linens, Imi- tation Linens, Dotred Lin- ens, etc., 30 inches to 45 inches wide, from ......... 126 to 43¢ Yard ENGLISH PERCALES, fully 36 inches wide, & large line 10¢ Yard 'WH‘ITEE‘ %gézcx NAINSOOK n five different st; 10c p1 value).. e 4 640 'a"' LARGE LINE INDIGO AND SHIRTING CALICOS, best standard fabrics: also Ginghams.. HOUSE-FURNISHINGS! NOTTINGHAM LACE CUR- 4] 8, genuine Brussels effect, full length, very lacy and stylish.....ccceercinanns 8¢ Yard $2 Pair NOTTINGHAM CURTAINS, 3 yards long, good, st H thread, oflegtivge in ae:i:::n.g. 650 P &ll' NO’%‘{!NG&IA‘M CURT;&INS, ards long, 60 inches H wiug, very duglbla. %o e $1.5l| PB.II' BAY-WINDOW NOTTING- HAM CURTAINS, 4 yards long, 60 inches g e ™ 4> 82,00 Pair NOTTINGHAM CURTAINS, fine grade lace, effective 33‘5“ Pilil' as Real Brussels.......... FINECHECK GLASS LINEN, Seviceate oo, 106 Yard BLEACHED TABLE DA- MASK, pure linen, inches wide.... 2450 Yard BL)%ALCSHEII) TU]%&I!SH TOW- , & close so] lapric, si 1, 18x39 inches, value Ar(l): lz 91220 E&Gh UNBLEACHED TURKISH TOWELS, size 22x47 inches valae 173e. . i ldvtils 123 Yard SPECIALS THAT MERIT ATTENTION! 10-4:BLEACHED SHEETS, well made Sheeting, value 60c, at GOOD GRADE ENGLISH FLANNELETTE, 10c grade.. BLEACHED TABLE DAMASK, 58 inches wide, nice patterns EXTRA HEAVY CANTON FLANNELS Murphy Building, Market and Jomes Stregts, TWILL TOWELING, 16 inches wide, bleached from genuine Laconia 450 Ea,ch = 4c¢ a Yard - 8ic a Yard Murphy Building, Market and Juu_es Streets. s