The San Francisco Call. Newspaper, January 21, 1897, Page 5

o S THE SAN FRANCISCO CALL, THURSDAY, JANUARY 21, 1897. PARDONED FROM OREGON'S PRISON Convict Freed That He May Be Tried for Another Crime. L His Attorney Now Declares That He Will Remain at Liberty. Is Wanted In Chicago for K:lling a Politician oa Election Day. TLAND, Ox., Jan. 20. John Binghem, convi bere and wanted in C stan an e llent morrow under —George Betz, ted of robbery o for murder, being a free eled circum- G nor Lord pardojed him out of the Salem penitentiary apparently it of deference to the wishes of the Gov- ernor of Illinois and the Chicago authori- claimed, the way of iminal at once, but ense will inaugurate ; ngs in the morning wyers declare they will succeed The reas was to remo habeas corpus an ordinary criminal. s wanted in Chicago for the murder of 15 Celt at the election booth on November 6, 1894, a murder for complicity which_ex-Alderman O'Malley is now was under s Oregon pen, 0 from the John- y s city. The yand the detective ;0 will make every effort possi- oner, but De- that this man is 1 by influential friends and money. s said that money has been sent to land to be employed in keeping Betz in Orego HOW HE MADE MONEY. Osmond Kell Finds Himself Behind Prison Bars on a Charge of Fmbezziement. booked at the Detective Ross Stedman’s store on he wanted to purcha: He selected nd asked to be as he would tot before concluc the pur- se. Permission was granted, and he > a pawnshop and got §6 50 ned to the store an e expensive mando: he wahted mo omised to return the first one d t ed the other. He got on also pawned it fo They d got had been received at volice out a man who had been y and goods by represen r of D. V. Ke the same man ach case. By of St. Mary's victimized to the exu of , drug; Larkin $5 worth of dru Polk and O'Farrell , and a streets is 0 d at 919 O’Farrell street, n the officers went there Tues d that he had I A sewing-machine was de- for Kelly short t the H is departu od with & type-writing machi d 1o leave it unless the money was it was not delivered. Kelly w: y and was prompt| was urrested sbout eighteen go for defrauding servant girls. and an old woman calling herseli Mrs, y had employment offize in the yod building and got deposits from ing situations. They got notes t houses, but on cailing there e was no vacancy. Complaint o the police and Kelly and the ere arrested. They got ont alty by refunding the money. nt to Los Angeles and returned six weeks ag The police beileve | of the House are devised to preven! rather he has victimized a large number of | than facilitate legislation of the charscter of | people who have not yet been heard from. | this Truly yours, | | GEORGE N. EOUTHWICH. TO MARK® THE VICTORY.| e | Prospective Reception in the Pavilion { to Winning State Marks- men. s probable that the officers of the t Regiment, Second Brigade, N. G. C., e an event to celebrate the vic- tory of the ( rnia team of marksmen over the Hawaiian team. ter was discussed at a meeiing d of officers held last Thursday as suggested that there d of an entertainment the winning team and the regiment in honor of the Several provositions were pre- , and it islikely that there will be a in the evening at the Pavilion regiment —an exhibition drill or and then a dance. These matters discussed with a conditional “if the ornia boys win,” and at a meeting at a inture date not yet fixed a plan will be 1 upon. Capiain Michael J. Burke of Troop C, came up from Salinas yesterday sart in the inquiry to be made fairs of Troop A, cavalry, N. G. n Jenks commandi The f inquiry, composed of Colonel W. Sumner, division inspector; lonel V. D. Duboce and rke, will hold its first session at egimental armory to-night, when a mination into the affairs of the il be commenced. — L —————— BOARD OF HEALTH. Appointments of Ambulance Surgeons and Drivers. or Phelan presided last night at the the Board of Health; Drs. *, Morse, Williamson, Fitzgibbon and Godchaux present. The Committee on Nuisances was called gpon to investigate the matter of the pickle factory at 686 Brannan street, con- demned by Health Officer Lovelace. Dr. Fitzgibbon was appointed to look Into the matter of stagnant water reported Captain E the full troog g of JONN W. GAMERON. FOURTH GHIEFTAIN e | Health at § d | (reoroiE DAVIDION ~ SECOND CHIEFTAIN E-TREASURER & CHIEFTAIN by Dr. Lovelace on the property of Levi Strauss at Twentieth and Alabama streets. On the recommendation of the board’s chemist, Wenzell, the standard for all ps must be 20 per cent of solids and 80 per cent liquids. The question of acids and coloring was left to the Committee on Pure Food. F. H. Stahle’s resignation as Superin- tendent of the City and County Hospita was read and accepted. Dr. Wiliiamson | was elected temporary Superintendent in his stead. Dr. Hart, as chairman of the Hospital Committes, reported that the City and nty Hospital was in a deploranle con- Quite the contrary was his report of the Almshouse. The doctor found that under Superintendent Reddy the _institution bad been greatly improved, slthough nearly 150 more inmates are there now than ever before. The bid of Pasqual & Sons to_furnish uniforms for the employes of the Board of ach, inciuding the cap, was | accepted. | _Two ambulance surgeons—Dr. John T. | Stafford and Dr. W. Wymore—were ap- pointed, at a salary of $75. Charles Kaplan was appointed as am- bulance driver, at $75a month. Hospital ambr r. The Southwick Conviet Goods Measure Not Likely Ever to Be 1 Reached. | Therels considerable apprenension on | the part of the Manufacturers’ and Pro- ducers’ Association tgat the Congressional | bill that is intended to pat a stop to the | transportation of convict-made goods | from one State to another and compelling | the branding of such goods so that peo: vill know what they are buying, will er be passed by Congress. The local | organization has done all in its power to | have the matter taken up in earnest at | Washington, and_while the entire Pacific | Coast delegation is in favor of the meastre it is still likely to fali by the wayside. hamber of Commerce took up the { ne | to the bill |, Notonly sre the Pacitic Coast manufac- | | turers keenly alive to the importance of | the proposed law, but New York has allen into line snd at its State prison all machinery for the manufacture of goods competing with free labor has been aban- eoned and such work as is being done is | rmed by hand. It is a New York | Congressman, George N. Southwick, who ntroduced the bill in question, and he even is fearful of its passage, as indicated | bv the.annexed letter received yesterday by the President of the Manuiacturers’ Association: 5, 1897, an_Francisco, . 6116, rei 1 rerstate commerce in nted from passing the House, in v because the Lapor Comini: P the ti s condition is tru distressing, but it Evidently the rules WHAT 18 A FUNERAL? Novel Point Raised in the Case of a Shipwrecked Sailor. Justice Carroll at the City Hall has a question to consider which is somewhat novel. 1t is this, What constitutes a funeral? Timothy Linehan went to sea and was drowned in a shipyreck. He was a member of Pohonachee Tribe No. 10 of the lmproved Order of Red Men. Suit has been brought to recover $100, the amount of funeral expenses as prescribed iu the by-laws of the order to which he belonged. As he was shipwrecked there were, necessarily, no funeral services at sea. Was there any funeral on shore? Ex-Judge Leuterbach appeared before Justice Carroll yesterday to argue that there has been 1o funeral. “How can there be a funeral without the presence of a corpse?” he asked. He then argued that, in any event, the heirs of Linehan were not-entitled to recover for several reasons. The first was that there has been no fu- neral; the second was that under the by- laws of the order & suit at law was barred ; then it was also srgued that because the matter had not been appealed to the Grand Council the heirs had not ex- hausted out of court their means of re- abeth Linehan brought the suit. orney argued that there really had been a funeral on shore. A requiem mass was heid, and this he construed to be a funeral. The facts were agreed upon, and the de- cision of the Jaw point was left to the Justice as to whether a requ em mass may be legally held to be a funeral. ——————— Methodist Missionary Matters An all-day missionary meeting, attended by several representative women from each of the Methodist churches in and about this City, was held Tuesday 1n the perlors of the Califor- nis-strébt Methodist Church. There were be- tween thirty and forty women present. A large number of letters from foreign mission- aries Were read and discussed with 8 view to obtaining and later spreading interesting news from the Christian workers aoroad. Part of the time wasspent in prayer. Mrs. Rolla V. Watt presided. Luncheon was served in the church basement. WILL DEFEAT THE BILL.‘ stion and gave its hearty mdorsement | SCOTLAND'S POET I THE FAR WEST | Caledonian Club Officers to | From a Part of the [ Committee. | for His Genius Will Be Invited. | Erect a Monument Worthy of | Hs Memory. And there his genius, Colla’s mald, In middle furrow siaid his plow, And left her lustrons mantle plaid And bound the Lolly round his brow; | And there love met the ploughman bard, Ers life t0 him seemed ss starred,” And there most giorious hopes were born Ere “Mary” from his heart was torn. WALLACE BRUCE. | The disposition evinced by not only the Scotch residents and the descendants of | Scottish men in this City, but also by those of all nationalities, has been such | that there is now a determined effort to | have the memory of him whose writings have been read by the people of every | | citizens of this far western Jand, thouzands of miles from the birthplace of him who electrified the world by bis genius. This was unmistakably evidenced in the | resolutions introduced at the last meeting | All Who Love “Robbie” Buras | | A Detarmined Effort Will Be Made to| foig Johnson was appointed as County | civilized nation on earth honored by tne | ety will have the entire management of the erection of the monument. While it is the desire of the Csledonian Club to have the honor of placing a su'table testi- monial in tbis distant land to one of their clansmen, yet all who love Burns for his poetical productions will no doubt be in- vited to co-operate, as the monument will form an additional attraction of beauty in the people’s pleasure ground. BUTTE TEAM SUSPENDED. Amateur Association Demands Posses- sion of Charity Game Re- ceipta, The disposition of the gate receipts of the Butte-Olympic football game for char- ity is still a matter of contention. Notn- ing has yet been done with the money, some $1150, which is in possession of Pres- ident Newhall ¢f the Oiympi¢ Club. A long, animated meeting of the Pacific Amateur Association was held last night, when several representatives of the Olym- pic football team ana Mr. Fitzgerald of the Reliance Club, as a representative for Butte, appeared and presented their side of the case. Then to further emphasize and define its position, the association adopted the following resolution : 1,1897, between the Butte and Olympic foat- ball teams was for charity and that the pro- ceeds, iess the expenses of tne grounds, labor and advertising, were to he entrusted 'to_the board of managers of the Pacific Amateur As- sociation, and that the same be placed 1n the custody of C. J. Bosworth, as trustee for the Pacific Amateur Association. A committee consisting of Reinhardt of the University of California, Rothkont and Swett was appointed from the board of managers of the amateur association to examine further into the merits of the | case and to report back to the main body. | All concerned agreed that the proposition had been, as maintained by the president of the association, a game for charity with expentes allowed only for grounds and advertising, but as a matter of equity and financial hardship the Olympic Club rep- | representative asked for a considerate interpretation of the off-band agreement made dusing the urgency of arranging for agame of some sort. The Olympic rep- resntative said that the football season megnt aloss of from $1000 to $1500 to the club. A ban was placed on the'Butte players, T L8 B BURNS . p_..; 5! o The Burns Mausoleum at Dumfries. of the Caledonian Club by Y. C. Lawson of which the following is a portion: An additional standing committee shall be established, to be known as the Burns monu- ment committee, such committee to consist of the chief, the four chiefrains, together with fifteen members of the club, 10 be named by the chief notlater than the first meeting in February, 1897. g The duty of this committee shall be to take entire control of the erection of the proposed Burns monument and io devise ways and means to secure suflicient funds for that pur- pose. They shall have power to add_to their number not exceeding twenty members, or non-members, of this club, making the iotal number of the commitiee not to exceed forty persons. They shall have power to fill any va- | cancies which may occur. S R R SR They shall have full power to act, but all the business of this committee shall be transacted in the name of the Caledonian Club of San Francisco. The present officers are: 1. R. McNeill, chiet; John Reed, first chieftain; George Davidson, second - chieftain; James H. Duncan, third chieftain, and John W. Cameron, fourth chieltain.’ These officers are by the resolutions made permanent in their capacity as committeemen of the monument until it shall be uaveiled in the Golden Gate Park. In addition to these five gentlemen fif- teen others, members of the Caledonian Club, will be named by Chief McNeill at the next meeting of the ciub. Those with others who are not members of that soci- \ t who nad persisted in lining up with the two professionals. They were declared indefinitely suspended ~from amateur standing, the Olympic Club and the Dolphin Rowing Club alone voting in the negative, primarily, though, President Humphrey of the association voted no on the ground that the Butte men are de- serving of more serious classitication, The Acme Club's suspension was re- ferred to a specia! meeting, as it was mid- night when the matter came up. ——————— Consumptive Cows. Herman Vogel, butcher, San Bruno road and Silver avenue, was convicted in Judge Conlan’s court yesterday of violat- ing the health ordinance by killing a cow outside of the prescribed limits, and was ordered to appear for sentence to-day. Vogel was arrested Tuesday night by Meat Inspector Davis and Policeman But- terworth. They had been watching him for come time, and about dusk Tuesday night they saw his wife locking the door of the shop. They burst open the door and ran to the rear. Vogel heard them coming and blew out the light. Davis lit a match and ordered Vogel to throw up his banas, which he promptly did. They found that Vogel haa just killed a consumptive cow for man named Solomon, as’he wanted to earn a dollar. 21 Resotved, That the game played on January | ON SCYLLA 10 AVOID CHARYBDIS Judge Paterson Criticizes a Judicial Reform |, Measure. He Thinks Three Appellate Courts Means a Clash of Decisions. * Soms Sledge-Hammer Comments on a Court of Discipline—Eviis to B3 Avoided. The proposed constitutional amend- ment for judicial reform, which has the support of the California Bar Association, is coming in for a deal of criticism at the hands of many eminent legal practi- tioners. 5 The clauses relating to the formation of a court of discipline and three appellate courts, especially, are made to sizzle on the gridiron of criticism. Not that it is denied atall that there is urgent need of reformation in judicial af- fairs. That does not seem to constitute the bone of contention. It is, in fact, freely admitted. The method of reform, however, cots a good broad figure. Judge Van R. Pater- son, whose opinions on points of layw al- ways are given careful consideration, is one of those who disapprove of the meas- ure championed by the Bar Association. His opinions, given in an interview yes- terday, are as follows: “We are all aiming at the same object, namely, the relief of the Supreme Court and a more speedy determination of cases appealed. We do not agree as to whic one of the several schemes proposed is the most likely to receive the approval of the voters at the polls. “My objections to the measure which meets with the most favor in the Bar Association are maialy threefold. “‘First, there is to be a court of dis- cipline, that is to say, a body of persons clothed with authority to discipline mem- bers of the bar, and all the Judees, in- cluding the Justices of our Supreme Court. Who are to discipline the mem- bers of this strange and poweriul court we do not know. Of course, there will be no such persons, and the power to blast for- ever the reputatlons of our Judges and Justices, it seems, is to be placed in the hands of a tribunal known only in mili- tary affairs. ‘‘How such a measure and such a tribu- nal woula tend to bring about a more in- dependent, feariess and honest sdminis- tration of the law I confess I am unable to see. If the court were to be organized for the discipline solely of membersof the bar it would not be so objectionable, although to a great many it would seem dangerous to place the reputation and the right to earn a liveiihood even in the hands of rival practitioners. “But such a tribunal, if desired, can be provided for by a simple act of the Legis- lature without any constitutional amend- ment. That body bas full control over the qualifications znd discipline of the bar. “Secondly, the system proposed pro- vides for three appellate courts. This ill result in either one or both of two evils: a clash of decisions, which always leads to great dissatisfaction among members of the bar and litigants, who lose their cases because unfortunate enough not to be in some other district, and additional burdens upon tke Su- preme Court in trying to avoid or correct such clashing. “Third, I object to the measure pro- posed for the reason that, in my judg- ment, regardless of its merits, no scneme providing for three new courts and the imposition of the additional burden upon the taxpayers of the State will receive the approval of & majorty of the electors. The cry seems to be for re- trenchment, and unless we can provide and offer the people an amendment which we can demgnstrate to them will not, if adopted, materially increase the expenses of the State government it will be de- feated at the polls.” ‘‘Have you any plan in view by which these objectionable features could be avoided?” 1 think I have. “First, 1 would have no man or set of men acting as monitors and bolding dis- ciplinary rods over Judges of our courts, either trial or appeilate. I would have them act as the framers of our Goverp- ment intended they should act—under no obligation, save their oaths of office, indi- vidual honor and integrity. “Ii we cannot get independent, fearless and honest administration of the law from our judicial departments under these con- ditions, we cannot get it at all, and our form of government is a_dead failure, for the judicial department is the most power- ful of the three. “Secondiy, I would have one appellate court composed of three or five Judges, with direction and authority to Lold sessions at such times and places as the Legislature might provide. This would bring the court near to the same three sections of the State XFW TOQ-DAY—DRY GOOD< ot SiBun i PSS TETY NE3E353000000{000000E3IE3IES & MONEY RAISING SALE THE LAST WEEK! Don’t lose the chance of getting some of the bargains. Each day brings you nearer to the end of the sale. It will ‘ pay to come around each of the remaining days, for money saved is money earned. \ === j = Jeeie TO-DAY’S SPECIALS! Bllk - striped Glorias, light colored grounds, half silk, elegant Mozambique atterns, with vertical silk siripes. he Iatest stylish waist fabric. At At At At At At All 8ilk Figured Louisines, for waists, dress skirts and full costumes. Ten lovely floral and figured designs, 20 inches wide. Regular 75¢ value. All-wool Double-fold Scotch and Tartar Plaid Dress Goods, all the pretty red, blue, green and other color combina: tions. Were in stock yesterday at 50c and 75c. All-wool Heavy French Bourette Cloth, full 48 inches wide. Makes the most stylish black costume a lady can wear. Bold earlier at $1 25. == =0-0-0-0-0-0-0-0-0-0-0-0-00! <= 1 e =1 Fleeced Back Wrapper Flannels. The kind that has the solt cashmere twilled surface; pretty striped and vine designs. ‘Were 10c. Heavy Opaque Window Shades, differ- ent colors, 7 feet long by 3 feet wide, mounted on patent soring rollers. The shades will not be delivered nor putup. 29¢ 1:50 $3 $9-95 At At .95 At n | Bath Soaps. sand s0ap. Not over half a dozen to a purchaser. SALE OF TOILET SOAPS. Everybody can afford to keep clean with fine Soaps at such prices. AT 4c A CAKE—Pure Transparent Glycerine Oatmeal and Scented AT S¢ A CAKE—Pure Olive Oil Castile, in white or green, oat. meal, honey, glycerine, almond mesl, Children’s School Dresses, ages 4 to 12 years, There are all styles of plaids, fancy checks and mixed ma- terials among them, some nicely trimmed and brgided. Were sold up to $5 apiece. Velour du Nord Capes. This season’s latest style; trimmed around collar and down front with Baltic seal fur, embroidered with_jet and praid, and lined with silk. Value $7 50. Ladies’ Tailor-made Snits, novelty designs, 1 to 3 of a kind; impossible to describe them, too many styles; all colors and makes of cloths and all sizes among them. Were sold earlier up t0$20 apiece. =2 2-2.0-0-0-0-0-0-0-0-0-0-0-00& Jbrown Windsor, elder flower and i MARKET AND §$Z@mfmjgerc ¢ 9hHe Mewxes TAYLOR STS. that are now visited by our Supreme Court twice in each year, and would in a large measure accomplish one of the principal things aimed at in the plans which pro- | vide for 1hree district courts of appeal. “In order to avoid a clash of decision I would give that court jurisdiction to hear and determine all criminal cases (except capital cases or those involving capital punishment), actions of forcible entry and detainer, cases of nuisance, divorce, maintenance, quo warranto, election con- tests, eminent domain, and in all actions at law for the enforcement of obligations not arising out of contract; also, author- ity to issue writs of procedendo, certiorari and probibition to the Superior Courts in cases where it has appellate jurisdiction; also, authority to issue writs of habeas corpus to any part of the State. “Such a court would take from the Su- preme Court enough to leave the latter able to handle the balance of the appeals from the Superior Courts. There would be very few instances in which the deci- sions of the court could clash with the de- cisions of the Supreme Court. “Whatever clashing there might be would arise chiefly cut of matters of prac- tice, but whatever difficulties might other- wise arise could be avoided by & provision requiring the aprellate court to follow the rule of decision in all matters passed upon by the Supreme Court. ““Thirdly, suck a court, even if com- posed of five Judges, would cost but very little more than the present commission of the Supreme Court, and it would do very much more effective work because its decisions would be final. “There are many who believe, and argue forcefully, that there should be an appeal in nearly all the matters passed upon by the appeliate court to the Supreme Courf. MRS, WILLIAM FISHER, Vice-President of the Emergency Home for Waifs, Ido not quite favor that proposition, but would prefer to have it rather than no re- lief at all. “Such a court can be provided for by a simple amendment to the constitution, adding additional sections to those now within that instrument and without eliminating any therefrom. The plan now before the Bar Association is so lengthy that it will not be generally read, and those who do not read proposed amendments I think are very apt to vote against them.” THE PROGRANNE RelY Emergency Home Entertainment to Be Given To-Night at Native Sons’ Hall. The vaudeville programme to be given at Native Sons’ Hall this evening prom- ises to be one of the best and most enjoy- able arranged for any local entertainment. The object of the entortainment isto raise funds for the establishment of a per- manent institution to be known asthe Emergency Home for Waifs. The affair is under the patronage of Mrs. John Pet~ tee, president of the Society for the Pre- vention of Cruelty to Children, and she is also president of the Emergency Home for.Waifs, which has already been organ- ized. Mrs. William Fisher is vice-presi« dent of the Emergency Home and Miss Hanks secretary. Mrs. Pettee and Mrs. Fisher have been devoting most of their time recently in making arrangements for the entertain- mens and assisting in the sale of tickets, a large number of which have been sold. That the occasion is arranged by these ladies is considered by their many friends as a guarantee that it will not be lacking in charming features and will present an opportunity to spend a delightful even- ing—in this instance in support of a worthy object. The audience promises to be a large one, with many people promi- nent in social circles in attendance. The programme is as follows, with probably gna or two more additions to be made to- ay: Overture, Beauchard’s orchestra; Girls’ Alumni Glee Club, under the leadership of Baroness von Meyerick; boxing exhibition, Stewart Carter and other members of the Olympic Athletic Club; soprano solo, Miss Caroline Shindler; acrobatic act, Acme Ath- letic Club; Knickerbocker Quartet (selected); violin solo, Arthur Johansen; lightning sketches, . James Swinnerton; character sketches, Dana Thompson. NEW TO-DAY. PESENSESL oS S e SUPP PO Our prices and our methoas are kindling quite s blaze among _cash- paying buyers on the coast. No wonder, as some things are being sold almost at kindling price. CLOSING: Little Boys’ Wagons, 9-inch body Little Boys’ Carts, 9-inch body. Bigger Boys’ Wagons, 14-inch body....14c Wheelbarrows for little chaps..8c, 15¢, 20c CTothes Baskets used in moving. 10c, 25¢, 35¢ Crockery from *‘as is” counter. ...} price French Castile Soap, Virgin brand. 250 6 1b~ Bulk Siarch............ 2234 1bs Best Granulated Sugar. 35'1bs Fine German Pears.. 17 Ibs Tapioca or Sago.. SMITH CASH STORE. ) New place, on Market st. near the ferry