The San Francisco Call. Newspaper, January 21, 1897, Page 1

H { \ " This Paper n° from ol 52. "VOLUME LXXXI.—NO. SAN FRANCISCO, THURSDAY MORNING, JANUARY 21, 1897. PRICE FIVE CENTS. | plea of guilty, but he had advised against such a course, saving that there was no | evidence to justify lvory's conviction. | Mr. McIntyre highly commended the fairness of Sir R. D. Findlay, the solicitor- Q i Surprising Outcome of the| "1, Sidence given by Mr. Goll, the : : | proprietor of the hotel in Autwerp at Dynamite Conspiracy which Kearney and Haines stopped,” Mr. Trial. MeIntyre said, ““showed that -a stranger THE PROSECUTION HAS stranger was an agent of the police and | that the collapse of the Government's case | is due to bim. “The general opinion seems to be,” con- tinued Mr. Mclntyre, “that Tynan and general, in adopting the same view as had driven to the hotel and delivered a NO CASE. Under the Court’s Instructions Kearney were in league with the police ] the county of New York, who came to as- : sist in Ivory’s defense. Mr. McIntyre | said that when he arrived in London he ‘found that the British counsel retained that held by Ivory’s advisers. Mr. Me- Intyre allowed the reporter to understand ; warning to Kearney and Haines on Sep- tember 11, two days before they were ar- | z and that nothing serious was intended by the Jury Acquits the the police, who aliowed the men to go Prisoner. | for the defense were disposed to put in a that the case was still a mystery. rested in Rotterdam. I beiievs that the | | about as they chose. Itis my belief and | | that of many others that the police did | not intead to arrest any of the men, but | an overzealous detective at Boulogne gave | \ GREAT SENSATION IN THE them &way by exrosing the identity of | OLD BAILEY. The, The general drift of comment upon the collapse of the case in London this after- noon is {hat the whole thing was a politi- cal “fake.’’ Hard Blow to Scotland Yard—Much Credit Is Due an American Attorney. ey IEISH-AMERTCA REJOICE. How the President of the National Alli- ance Fiews the Cas NEW YORK, N.Y., Jan. The news of the discharge of Ivory came as-a sur- LONDON, Exc., Jan. 20.—The tral of | prise to Irishmen tere, for even the pris- Edward J. Ivory, the alleged dynamiter, (oner had looked upon the matter as a cut which began last Monday, ended to- and dried affair. William Lyn.an, presi- by the complete collapse of the Govern-|dentof the Irish National Alliance, who | t's case and the dischar.e of the pris- | specially engaged John F. McIntyre in the defense of [vory, when seen to-day said: “The withdrawal of the prosecution is the bigzest blow that Scotland Yard bas | ever received. The English public has uow had its eyes opened and it can figure me Justice Hawkins took his seat in the Criminal Court, Old Bailey, Solicitor- General Findley, who has been conduct- ing the e i ap for itself how many other unfortunate the case had made the discovery that the | so-called dynamiters, who were convicted on perjured testimony or were driven mad, like Dr. Gallagher and Whitenead, were | innocent. I thought they wouid have 1 therein, and there was no evidence | railroaded Ivory in order to make good show that he was concerned in the pur- | their pretenses before the English people. chase of the explosives. Therefore, he They would have done so, but they knew | , that portion of the case could not be | Ivory’s defense was one that could not be | ned, it was not customary to | gotover. sives which were found in Antwerp hased after the date of the al- leged conspiracy, as far as Ivory was con- to show susta proceed W the trial of a case upon “This is the first time that any defense minor charges after the principal charge | has ever been attempted by an Irish- had been withdrawn. American arrested in Eongland. The { Justice Hawkins concurred in the re- | policy has been to leave them to their marks of the Solicitor-General and di- | fate, in the belief that it would be impos- ected the jury to find a verdict of mot | sible to obtain justice from an English guilty, which was done. jury. Iam glad of the result, as it will do The J . continuing his remarks, | a lot of good. commended the police for their able and | *Publicopinion in England has changed. npartial conduct in the case, and the | The people there are sick of Scotland Yard ving been formally discharged, | piots, and I can only account for the with- the dock a free man and joined his | drawal of the case on the assumption that friends. | the prosecution knew the jurors would Inspector Melviile, chief ot the Scotland | not act blindly as in former times. Yard pelice, who was mainly instrumental | *I may say now that the prosecution pringing about the arrest of Ivory, | did everything in its power to have Ivory Tynan, Kearney and Halnes, was the first | piead guilty, saying that be wonid receive 1o congratulate the defendant after his re- | a nominal sentence or Lave sentence sus- lease. Taking Ivory by the hand In-| pended. They tried plotafter plot to con- ctor Melville expressed the hope that | nect the Irish National League with a ow free man would lay to heart the | dynamite policy, in order to discredit it. ng given to him by the Judge to | In thst, as well as inducing Ivory, an in- t of bad compeny in the future, | nocent man, to plead guilty, they failed. ich Ivory replied, “You can bet| *“What will they do now with their in- to w your bottom dollar I will.” former, Jones? The only thing I am | Ivory told a representative of the |sorry for since this fiasco is that Ivory did United Associated Presses that he was|not get an opportunity to show that | to Dublin and from there to |scoundrel upin histruecolors. But think | ica. He declined to talk about his-| how Jones must have gulled Scotland | case, but said that he had not suffered in | Yard. Why, Ivory bad witnesses ready to | any respect during his confinement in | prove that Jones, ever since he started | jail, though he had lost fifty pounds in | from this country at the bidaing of Scot- | | 1and Yard, tried to induce men in Dublin | After the discharge of Ivory a represen- | to work up dynamite plots. - Witnesses | tative of the United Associated Eresses | went over irom here to show that he had | bad an interview with John F. McIntyre, | attempted the same thing, and had been the former Assistant District Attorney of | expelled from one club for doing so.” SPEAKER COOMBS Looks Up a Few Points During Recess. : DUCKWORTH IS ASKED TO RESIG Sensational Sequel to the Legislative Payroll Scandal. Republican Assemblymen Meet in Caucus and Resolve Upon Action. Friends of the Clerk Will Fight for Him in the Lower House To-Day. SACRAMENTO, CAL, Jan. 20.—The leg- islative scandal left too long a trail of fire and made a report too loud to be un- seen and unheard by the people of the | State. Itis very hard for a person of deli- cate sense of smell to appear unconscions of a sickening odor, and the Assembly has about made up its mind to investigate the source of the odor. If there are any rot- ten eggs in the halls of legislation, either in Denmark or in California, the members will search for the stolen nest and remove it. Itisbelieved that a goodly number of Assemblymen have the odor on their clothes, tinctured with the essence of par- ticeps criminis, but they think that an ex- ample should be made in order that a repetition of the offense two years hence may be avoided. i & There Is Nothing Small About Matt Arnerich, the Popular Assemblyman From 2 Santa Clara, Chief Clerk Duckworth was the subject | of a caucus held this afterucon by the Republicans in the Assembly. but he was | not invited to appear. The Assembly re- solved itself into a lezislative grana jury, and after a heated discussion decided to request . Mr. Duckworth to tender his | resignation. A committee was appointed ! to wait on hiln and convey the decision of | the caucus, and this committee was in effect a personified threat that he must resign or be ousted. It had been found that several perscns had been placed on the payroll who had not appeared at Sacramento at all, and the lact that the temporary organization this year cost $2000 more than it did last | year was the burden of the debate. It was conceded that Mr. Duckworth had | appointed the greater part of those at- taches at the request of members of the Assembly, and that after the organization of the Assembly had been compieted the Assembly itself had voted to pay them for a week’s service. Another scandal cropped up in. the caucus. It is said that several attaches on the temporary 161l whe are now on the permanent roil had drawn double mile- age, and when this was broached in the caucus there was a storm of indignation. The meeting was of the unanimous mind that the extra mileage should be returned | or else the offending atiaches should be | discharged. | This evening Mr. Duckworth made the | following statement to a CALL corre- spondent: “The roll was made up at the request of | members of .the Legislature for every name that appears except in oneor two instances. The journal of January 4 says sthat I handed in the temporary roll and not even one dollar appears opposite their names. The names appear on the roll without any liability against the State. The journal of January 5 says that the As- sembly on that day elected fiity-seven per- manent employes to serve through the session and to perform the duties that were suppos'd to be performed by those on the temporary roll. The journal of January 6 says that the Committee on Mileage and Temporary Otficers submitted its report and that it was recommitted to the committee for further consideration. “The journal of January 7 contains the report of the Committee on Mileage and | Pemporary Attaches and consists of two resolutions. The first provided for the | mileage of members, and the second for | the payment of mileage and per diem to | the temporary employes. Both were con- sidered at length by the House, and Mr. Bridgford moved to strike out all the mileage on the temporary roll except for statutory officers. “Mr, Belshaw moved as a substitute that the mileage of Joseph Brooks, Ed J. Smith, F. H, Lombard, William Levisoa, A. A. Friedlander and J. Cramer be stricken from the report. In each instance the mileage allowed by the committee amounted to $1680. Mr. Belshaw's sub- stitute was accepted by Mr. Bridgford and was voted down by the House. The report of the committee as originally submitted was then adopted by the House, prac- tically by unanimous vote. “From the two resolutions presented by the Committee on Mileage, two payrolls | were made up by the sergeant-at-arms, one for the mileage of members, the other for the pay of the temporary attaches. The payroll for the mileage was rejected by Speaker Coombs upon the ground that he did not contider it correct. The second—that for the attaches—was ap- proved by him, and thereupon warrants were issued by the Controller in favor of all those on tne roll. It goes without say- ing thatin this proceeding I had abso- lutely no part. “At the proper time [ shall vindicate myself. The committee that requestea my resignation was composed of three Republicans, two of whom had appoint- ments made for them on the temporary roll at their special request. The caucus at which it decided to request my resigna- %ion was held bebind closed doors, and I was not aware that it was being held nor of the nature of the charges against me, if any were preferred. ~I stated 1o the commiitee when it called on me that 1 would give my answer to-morrow, the subject being of too grave importance to be disnosed of without serious consideration. When the caucus was held a goodly namber of my friends were absent. “With regard to the clause that six or seven of the attaches were ngt in Sacra- mentoat all, I wish to say that I had no means of knowing whether they were present or absent. They were appointed by me at the request of members and I Continued on Second Page. | (chairman), LABOR'S FRIENDS AT THE CAPITOL el e Senate Committee Acts on Bills for the Relief of Workingmen. Insure Reasonable Hours, a Fair Wage and Certainty of Recompense. Measures Intended to Protect the Em- ploye Against the Loss of His Earnings. SACRAMENTO, CAL., Jan. 20.—Every- thing was pleasant sailing at the meeting of the Senate Committee on Labor and Capital to-night. Every bill up for con- sideration was either favorably passed upon or definite action was deferred. The two measures relating to employment agents, which raised such a breeze before the Assembly committee, were laid over, and will not come up before the Senate committee again until next week. The members of the Senate committee who were present at the meeting to-night were disposed to show every consideration to the interests of the laboring man. Those present were Senators Morehouse Stratton, Henderson and Simpson. The laborers’ interests wers represented by Labor Commissioner Fitz- gerald, Deputy Labor Commissioner Dam, ‘Walter McArthur and L. J. Rose of the | 8an Francisco Painters’ Union. ‘With a little discussion the measure fix- ing the minimum compensation for labor on all work performed under the authority of any public official at $2 per day and pro- viding that a stipulation to this effect be | made a part of all contracts to which the State or any municipal corporation isa The next bill taken up was that pro- viding for the proper sanitary condition of bakeries, hotels and public restaurants, and the health of the employes therein, and providing for the appointment of a bakehouse inspector. Senator Stratton expressed himself as in favor of the bill, with the exception of the section provid- ing for the appointment of a bakehouse inspector. ' He explained his objection on the ground that this carried an appropria- tion. He thought the police or other local officers could perform the duties of in- spector in connection with their other duties. Walter McArthur, on being asked why this suggestion could not be adopted, stated that itrequired a man with a special knowledge of bakeshops, such as a practi- cal baker, to properly appreciate the true condition of a bakeshop. Senator Simp- son thought the provision relating to the construction and maintenance of bake- shops were too much in detail. He thought a general provision for the proper sanitary condition of bakeshops would be sufficient. Labor Commissioner Fitzgor- aid stated the section was patterned alter the New York law on the same subject.’ Chairman Morehouse agreed with Senator Simpson. He said he would not vote for the bill in its present shape, and certainly not for any measure creating additional inspectors. Kurther consideration of the bill was deferred, There was no objection to the bill de- signed to prevent collusion between em- ployers of lator and employment agents, and it was agreed to recommend its pas- sage. . The bill to secure the payment of the claims of material men, mechanics or laborers employed by contractors upon State, municipal or other pubiic work wasg considered. Simpson did not like the section making such claims a legal claim against the State, county, city, town or district by the officers of which the contract was awarded. Stratton sug- gested that the officer making the contract te made liable, instead of the State, city, county, town or district. Tbe bill was amended in this respect, and the commit- tee agreed to report it favorably. The bill to protect citizens in their civil rights, advocated by the colored citizens of the State, was unanimously agreed to. When the eight-hour law came up Stratton thought the provision prohibit- ing any one from working more than eight hours might create a hardship, so long as the rate per day was not fixed by law. McArthur argued #he matter, showinz the need of such a provision to prevent the selfish-minded from taking advantage of his fellow-laborer, and the committee finally agreed to report it favorably. Favorable action was taken on the measure regulating the hours of labor of persons employed in bakeries to ten hours aday. A similar course was taken on tne bill providing that only citizens of the United States should be employed upon public works within the State. In order ‘o await the action of the As- sembly committee on the bill providing for the prompt payment of the wages of laborers in lawful money of the United States, action was postponed. The bill reluting to keepers of intelligence offices, submitted by the representatives of em- ployment agencies, was passed by, to be considered with the measure submitted by the labor unions to define the duties and liabilities of employment agents. s JLABOR KELIEF MEASURES. Proposed Acts to Be Considered by Cali- fornia Lawmakers. SACRAMENTO, Car., Jan. 15.—Judg- ing from a batch of bills already intro- duced in the Assembly the interests of the Iaborer in California wiil be well guarded. Many abuses under which working people now suffer will be remedied if the bills become law, and there is every indication that they will be passed, for this Legisia- ture is Republican in politics, and the Re- publican party has ever been the friend of the laboring man. Assembly bill No, 47, by Sanford of Men- docino, provides as follows: Section 1. It shall be unlawful for any cor- poration, person or firm engaged in manufac- turing, mining, operating or constructing railroads, or in any other businessor enter- prise of whatsoever kind in this State, to is- sue, pay out or circulate for payment of wages any order, check, memorandum, token or evi- dence of indebtedness, unless the same is ne- gotiable and redeemable st its face value without discount, in cash on demand, at the store or other place of ousiness of such firm, person or corporation where the same was is- sued; and any person, corporation or firm which may hereafter issue amy such order, check, memorandum, token or other evidence of indebtedness shall, upon the presentation thereof and demand redeem the same in law- ful money of the United States. Section 2 provides fora fine of $30) or imprisonment for sixty days, or both, for arefusal on the part of the employer to comply with the provisions of section 1 or for an attempt to coerce an employe to purchase or receive goods, etc., in ex- change for any order or othe:s evidence of mdebtedness. According to sdction 3 whenever the hoider of such check, token or order is compelled to sue for the recovery of 1ts face value the court, in the event that the plaintiff receives judgment, shall allow him an attorney’s fee of not less than $10 nor more than §25 to be taxed as costs. Assemby bill No. 45, by Mr. Sanford, re- quires every corporation 1o pay its em- ployes at least once a month the wages earned by such employe to within fifteen days of the date of such payment, pro- vided that in case of the absence of the employe he shall be entitled to said pay- ment at any time thereafter upon demand. It is made the duty of the Labor Com- missioner to natify the District Attor- neys of the severel counties of all viola- tions of the act within their respective counties, and the District Attorneys are required to bring an action in the name of the people against all violators of the act. On the trial the corporation shall not be aliowed to set up a defense other than the fact that such wages were not earned, except a valid assignment of such wages, a set-off or a counter claim against the same, or the absence of such employe from his usual employment at the time of the payment of the wages so earned by him. All assignments of fuiure wages payable monthly made to or on behalf of the corporation for the purpose of evad- ing the provisions of the act shall be in- valid. No employd as a condition of employment, shall make an agreement to accept wages at longer periods than as provided ic the act. All wages must be paid in lawful moneys of the United States. Assembly bill No. 46 provides that in sawmills, shake-mills, shingle-mills and logging camps, ten hours shall constitute u day’s work, and that any contract for a greater number of hours per day shall be void at the option of the employe. Every person laboring more than ten hours per day 1 such places shall receive extra pay in proportion to the rate paid him for reg- ular time, not to be less, however, tban 25 cents an hour. In actions to recover wages the court shall exclude all evidence of agreement to labor more than.ten hours per day for a less price for the over- time than that fixed by the act. A fine of $300 or imprisonment for three months is the penalty for a violation of the act. Assembly bill 49 provides that the em- ployers of five or more persons must al- lo w not less than forty-five minutes for, the mid-day meal, except in the cases of employers who furnish or employes who take the mid-day meal in and upon the works. The penalty is a fine of $50 or fm- prisonment for thirty days. Assemb'y bills 48 and 80 provide as fol- lows: SEcTION 1. No person not a citizen of the United States shall b: employed upon or in connection with any public works under the control of or conducted by this State, or any municipal corporation within this State, and a stipulation to that effect must be made a part of ail contracts to which the State or any municipal corporation therein is a party. Assembly bill 44 provides for the imme- diate appointment by the Governor and every four years thereafter of a Commis- sioner for the Department of Labor, who must execute an official bond in the sum of $5000.- As soon as practicable after the passage of the act the Commissioner must estab- lish a free employment department of the State, with an employment office in San Francisco and another in Los Angeles, each in .charge of a deputy and other assistants. No fee shall be charged to either the emplover or the employe. It shall be the duty of the Commissioner to make biennial reports to the Legislature of labor statistics, ete. The Commissioner shall have power to administer oaths, send for persons and papers, and shall have free access to all places and works of labor. No use shall be made in the re- ports of the department of the names of persons or firms supplying information, “provided, however, that this section does Continued on Second Page. McKENNA DENIES NOT Says That He May Be in President McKinley’s Cabinet. THE MATTER NOT DEFI- NITELY SETTLED. Possible Connection With the Oificial Family Was Discussed. SOME ANECDOTES OF THE McKINLEYS. National Comm:.tteeman John Dy Spreckels and T. H. Caswell to Help Inaugurate. Hon. Joseph McKenna, Judge of the United States Circuit Court, arrived in this City last evening direct irom Canton, Ohio, where he has been in conference with Major McKinley, President-elect. His coming was not announced, it being his desire to return as quietly and as un- ostentatiously as he deparied. He was successful in this. Half an hour after the overland passengers arrived 6n this side of the bay Judge McKenna was at his home at 2264 Franklin street. While there were many calls upon the telephones in his residence yesterday, and while during the past few days many persons have telephoned congratulations, Judge McKenna managed to enjoy undisturbed the domesticity of his charming house hold last evening. “I have been to Canton,” said Judge McKenna to a CALL reporter; ‘‘that is well known. I have talked with the President-elect concerning the Cabinet and corcerning my taking a position therein. But I wish to say that some statements have been made in the news- papers concerning me thatare not just so.” “Is it true that you have been invited to accept a position in the Cabinet of Presi- dent McKinley, and that you havedecided todo so?” “Nothing has been decided,” was the response. *But were you not invited to visit Can« ton in reference to your acceptance of the position alluded to?”’ *“That is putting the matter to broadly.” “But what is there to the report about the Cabinet in connection with yourself?” T am afraid the newspapers have stated it to strongly. My visit to Canton has been given too much significance. Ido not deny that I may enter President Mc- Kinley’s Cabinet, but from that to the fact of entering there are some obstacles, and ftmay not be atall, Itis difficult to express, and be correctly understood, the freedom which has been left with Major McKinley and me.” ‘~Concerning the obstacles, Judge, it has been more than hinted that one obstacle to your accepting a Cabiret position might be the possibility of your appoint. ment to a seat on the bench of the Su- preme Court of the United States to suc- ceed Justice Stephen J. Field upon his res tirement.” “Now,”” said Judge McKenna decidedly, “there is nothing at all to that story. ‘When I mention impediments it is not to be understood that my going into the Supreme Court is a condition. The im- pediments are entirely personal which may prevent my going into the Cabinet— if the position should be finally tendered to me."” Further than this Judge McKenna did not care to talk about any connection be- tween himself and the Cabinet of the President-elect. He had other matters of interest to talk about and described some of the characteristics of Major McKinley's family in anecdotes concerning them. “I " brought from Canton pleasant memories,” he said, **which I would not give up for the sake of the premiership in the administration. In this I do not allude merely to the personal courtesies of the visit, but to somethirg better than that—the instruction and sentiment of it. “I had the freedom of Major McKinley's house and observed or participated in what transpired as I pleased or was ine vited. Major McKinley sent his carriage for me as early as 9 o’clock, and at that hour he already had other visitors, gen- tlemen from the South, who discussed the perplexing problems of that section. “From that time until 5 o’clock in the afternoon the stream of 1ncoming visitors was continuous—the curious, the ambi- tious, the interested, the patriotic-—all came. One mother brougnt her boy that he might look at the President-elect. Senators and members-elect of the House of Repre- sentatives and a delegation irom Texas who presented the request of their State for representation in the Cabinet were there. “They were all received with an atten- tive and charming courtesy, each measar- ing the time of his own stay, which under the circumstances was surely noteworthy. The Major showed no impatience, no in- attention even, and each visitor derarted only wnen he himself desired to. If the demands of state permit a similar courtesy in the White House, Major McKinley will be the most popular of Presidents. ““The result of this was that the day pro- ceeded smoothly. There was nohurry, no friction, and we sat down to dinner at 7 o'clock as if the day had been passed in repose and pleasure, instead of incessant business and care. “I had some conversation with Major McKinley touching the subject of his ad- ministration. He is deeply impressed with his coming duties and feelingly ex- pressed his sense of their responsibilities. At dinner the conversation turned on past days at the White House under other ad- ministrations. Mrs. McKinley was good healtn during the Hayes adminis- tration and was Mrs. Hayes, almost con~