The San Francisco Call. Newspaper, March 14, 1897, Page 4

THE SAN FRANCISCO CALL, SUNDAY, "LONG GREEN" Judge Hughes HiND THE BARS. Remands the Chief Faker of Hearsts Local Sewer to Jail. Like Rats in a Trap, Two of the “Exam- iner’s” Staff Who Threw Mud on Honest Legislators Spend Over , Three Hours in Prison. COMRADES! SACRAMENTO, Car, March 13.— Long Green Lawrence was placed behind the bars of the County Jail this morning. Thus did he begin the real expiation of his dastardly and cowardly offense in at- tacking through the fake scavenger jour- nel of which he poses as the manager an entire body of public and honosable men. With him L. L. Levings, a correspondent of the faking newspaper, was made to suffer the same humiliating punishment. Like a rat in a trap the faker-in-chief of the faking monarch made the most fran- tic efforts through his attorneys and his political friends in high places to prevent the key of the prison lock being turned | Sheriff upon him, but without avail Johnson could neither be coerced nor coaxed to depart from his bounden duty, and the curious and morbid on-lookers had the gratification of seeing through the square sperture in the prison door the hood!um-banged, kid-gloved and top- coated purveyor of cheap and nasty fakes within the prison walls. For three and a half hours he remained in the custody of the Sheriff. Thencame by telegraph a writ of habeas corpus issued by the Supreme Court and an order | from the same tribunal informing the Sheriff that the prisoner might be released on bail, pending the hearing of the new writ on Tuesday next. The necessary bonds were ready, were taken before Judge Hughes and approved, and at 1:30 ». M. both prisoners were again breathing the air of freedom. Judge Hughes' courtroom was well filled when that jurist took his place on the bench and announced that he was ready to render his decision in the matter of habeas corpus in behalf of A. M. Law- rence and L. L. Levings, committed to jail for contempt by the Benute of the State of California. The Judge explained his course in de- livering an oral opinion by stating that the time had been too short to submit his decision in writing. He reviewed very priefly the various points raised and early in his remarks it became evident to bis auditors that the decision was to be against the prisoners. Though the opin- ion was brief all the points were clearly and thoroughly covered, and the opinion was pronounced by all the legal lights present to be a masterly effort. “Itis the order of the court that the petitioners be, and they are hereby, re- manded to the custody of the Sheriff of the county of Sac- ramento and that the writ be dis- missed” were the concluding words of the Judge. A minute or two later Lawrence and his companion prisoner were marched downstairs to the County Jail. It was a few minutes after the bour set when Judge Hughes alone entered the courtroom and took his seat. He had hardly got comfortably settled in his chair when he began the delivery of his opinion and decision, “‘The time which hase. he began, “since the case was submitted to the court last evening has been so short that the court has not been able to do more submitted, and has therefore not been able to present a written opinion in decid- ing this case, as it would like to have done. I would staie that at the commencement of the case I had invited Judge Hart to sit with me during the hearing of this mat- ter and I am now authorized to anonunce | that he concurs in the conclusions that I have reached. “While it is admitted by counsel that the court had the rignt to issue the writ, I desire to briefly refer to tkis power of the court.” At this point the Judge cited a number of authorities in reference to this phase of the case. On the matter of the right of the court to admit to bail pending the hearing of a writ of habeas corpus, the Judge said: ““While there is no direcs_ power to ad- mit petitioners to bail, other than the rule of the Supreme Court and the Supe- rior courts of this State, I can state, with- oat fear of contradiction, that it has been the universal practice to admit petitioners to bail under such circumstances. “Now, with reference to what limita- tions, if any, were piaced on the court in its investigation of the particular matter which is the basis for the commitment for contempt, thé authorities of this State are not in conflict, and the rule as laid down by the Supreme Court is the rule enforced in all'the States of the Union,” He cited the case of ex-parte Cohn. This was a case where the writ was issued out of a Superior Court on behalfof Cohn, who had been committed for contempt by the Probate Cours for having failed todis- tribute an estate as ordered by the court. On the hearing of the writ the petitioner was discharged on the ground that the remedy lay in an action by the distrib- utees to recover. In the habeas corpus case of McCol- lough the writ was asked for on the ground of error, but the court held that a question of error cannot be heard in hear- ings of this kind, and that there should have been a writ of error. This decision was affirmed by tbe Supreme Court, Reference was made to the action of the Supreme Court in the habeas corpus case of Armand. ‘“In this case,’’ maid the Judge, “‘the only thing that was consid- ered related to the jurisdiction of the committing court over the person and subject matter, and the court before which the writ was heard held that no irregularity in the procedure and noin- justice or wrong io the prisoner could be considered. & “Therefore it would appear that the in- quiries which the court in this proceeding wotld be permitted to investigate would be: ‘““Fitst—Did the Senate of the State of California haye jurisdiction of the subject matter then under consideration? And “‘SBecond—Is the warrant of commitment and arrest reguiar u pon its face? “That the Senate has jurisdiction to in- vestigate questions of pribery of its mem- bers was decided by the Supreme Court ot ‘this State in the case discussed at length by counsel vesterday, and this in con- *han examine the authorities which were | junction with the section of the constitu- tion giving the Legislature the right to investigate charges of bribery agamst its members for the purpose of expelling them if found guilty to my mind shows clearly that the Senate did have jurisdiction of the subject matter. “1t is true that the resolution under which it is claimed this jurisdiction was conferred upon the Senate included within it other matters, namely, whether members of the Senate had been libeled, or whether or not a public libel, as it was termed, had been committed. Neverthe- less it is unnecessary to discuss whether or not the Senate had jurisdiction of such a proceeding, but a decision in such a case showed it has. But a decision on that point would be merely obiter, and itis therefore unnecessary to take up that vhase of the case. “In the McQarthy case the Supreme Court of this State quoted from the de- NEW TO-DAY. There is something so shocking about sudden death that the mere mention of it wrenches the nerves of semsitive people. ll(mli;n ofs peoy leipuy for ge!ivemc:eh fiov: t. EverySundayin every Episco] urc in the world, these words are nhfu “From battle, and murder and sudden death, Good Lord, deliver us.” Just why sudden death should be shock- ing, and death after lingering disease e: to bear, would puzzle any one to tell. It would seem that it would be more terrible to see some loved one wasting away, daily becoming weaker—daily slipping toward a death no less certain because it was slow in coming. Consumption causes more deaths than heart disease—more than cholera— more than yellow fever —more than any other disease the world has ever known. And yet peo¥le are careless about it. A man in danger of sudden death from heart dis- ease can avoid the danger simply by keeping quiet and avoiding excitement. Consump- tion goes right on with its deadly work, no matter what the man does or how he con- ducts himself, if he doesn’t take the right medicine to cure it. Consumption affects the whole body. It is a blood disease. It permeates the whole system. It shows in the lungs because the blood goes to th lungs for purification, It carries impurities there to be made pure, If there is too much impurity, the lungs are over-worked—over- loaded —the impurity stops there, The germs of disease stog there. They develop and multiply and then caunmaoggw takes definite form. Dr. Pierce's len Med- xefnl Ducove:{ cuxfia 98 per cent. of all cases of consump nge co and bmnchmvsluun if it is taken acco: ing to directions. Get it at drug stores; learn all about it in Dr. Pierce’s great 1008 Medical Ad- vi‘::." sent FREE on X:‘Mpt of a1 m-ctnx: stamps to cover cost of mailing B contains 1008 page: pmmldymnmd. It cal library, complete in one volume. Every 1 m eo&ynlor ready reference ru B sickness or accidents, World's Dispensery Medical Association, B N MARCH 14, 1897.- cision of the Supreme Court of Massa- chusetts, which held that the Legislature is the grand inquisition of the commion- wealth, and that as such it has the power to inquire into the conduct of the officers of the Btate and to impeach them if mal- feasance or wrongdoing is shown; it may inquire into the election of its members to determine their right to a seat i that body, and into a variety of matters with a view to enacting proper and necessary legislation. Such investigations, the court further held, may be initiated in any way deemed desirable, whenever it is thought proper to institute such an In- vestization by any mode which they may choose to adopt, thereis a material issue presented, and each witness may subject himself to punishment for perjury or con- tempt, as in the case at bar. “That decision was under the former constitution of the State, put the present constitution reads as follows: ‘Any per- son may be compelled to testify in any lawtul investigation or judicial proceed- ing against any person who may be charged with having committed the of- fense of bribery or corrupt solicitation or with having been influenced in his vote or action as & member of the Legislature by reward or promise of future reward and shall not be permitted to withhold his testimony upon the ground tbat it may criminate himself or subject himself to public infamy; butsuch testimony shall not afterward be used against him in any judicial proceeding except for perjury in giving such testimony.’ ¢“‘IT'his unquestionably confers upon the Benate the power to make an investigation concerning the bribery charges, and thede- cision in the McCarthy case is clear upon the proposition that the S8enate may adopt any mode it may deem proper in making such an investigation, and without regard to the mode the Senate may adopt a mate- rial issue is presented, touching which witnesses may be examined and become liable to punishment for perjury or con- tempt. Therefore it wouid appear that a material issne did exist, and thatin the examination of the petitioners had before the committee and before the Senate the questions propounded to the witnesses were material o the subject matter of the investigation. “Such being the case the conclusion 1s necessarily that the Senate has acted within the scope of its jurisdiction, and, therefore, had authority to punish the petitioners for contempt. And the court, after a careful examination, has reached this conclusion. Itis, therefore, ordered that the petitioners be and they are here- by remanded to the custody of the Sheriff of the county of Sacramento and that the writ be dismissed.” After the two prisoners were taken be- low by the Sheriff, their attorneys used all their powers of friendly and professional persuasion upon Johnson to induce him not to put his prisoners under lock and key. The Sheriff, however, declared that he had no alternative, and unless the court ordered differently he would have to lock the two men up. While Attorneys Houghes and McEnerney were arguing with the Sheriff Andy Clunie returned upstairs and tried to persuade Judge Hughes to modify his order so that the odium of haying been cast into jail would not attach to his two clients. But here, also, the attorney for the faking journal found that the law had no respect for persons who knowingly, willfully and contumaciously violated its precepts. Undismayed, Clunie returned to the attack again by appro ng Sheriff John- son and intimating that Judge Hughes had granted a stay of the order of im- prisonment, pending word “from the Supreme Court at San Francisco. This being a most unusual departure from all precedent in such cases, Johnson called personally on Judge Hughes and asked him if he bad made or contemplated making such a modification of the original order delivered in open court. The Judge replied that while personally he would like to see Lawrence and Levings escape the shame and humiliation of being placed behind the bars, he did not see how he could prevent it, as the custody of the prisoners had been now transferred to his questioner. Johnson trudged downstairs again and, indignant over the trick that had been at- tempted on him, marched the prisoners into the jail and placed them in charge of his chief jailer. ‘“That this was the bitterest pill that Lone Green Lawrence had ever been made to swallow was clearly evident,’ said Sheriff Johnson in relating the incident. ‘*‘He felt the. humiliation as keenly as if he were to be imprisoned for forty years,” added the Sheriff. On the pretense that they wished to consult with his attorneys Lawrence and Levings were allowed to go into the room next the Bheriff's office, used by prisoners and their counsel for conferences, where they were joined by MocEnerney and Clu- nie. Meanwhile the dinner hourof the jail approached and both prisoners were invited to the table set inside the jai Levings accepted the invitation, but Law- rence’s appetite apparently revolted at the idea of eating prison fare with his fel- low vrisoaers. He asked to be taken out to lunch, but Sheriff Johnson declined to sccommodate him, but gave him the privilege of having his dinner brought him from the outside. Tawrence, being in momentary expecta- tion of release through the efforts being made by his attorneys in San Francisco, concladed to wait until‘he was again a free man. All other means for freedom baving failed, a telegram was sent to Attorney- General Fitzgerald at dban Francisco ask- ing him to consent to a stay of the orde: of the court, but this resulted as fruitiessly as the other attempts to keep the two men out of jail. It was not until about 1:30 . i that the telegraphic writ of habeas corpus and the order permitting the prisoners to be re- leased on bail, pending the hearing of the new writ, was received from the Supreme Court. The bail bonds, with Charles P, Nathan and Frank L. Gray as bondsmen, in the sum of $1000 for each of the peti- tioners, were in readin and were at once aporoved by Jadge Hughes. Then, on the advice of District Attorney Ryan, the prisoners were released. In anticipation of having the two men as guests over night, Bheriff Johnson had cell 2 prepared for their accommodation. saialis ol ONE CLEW TO THE FAKE Sam Braunhart Started the Vile Rumors That Led Up to the. Libelous Story. BACRAMENTO, Can., March 13.—Up to the present time the investigation of the Senate bribery committee has demon- strated only in a negative, though coneclu- sive manner, that the charges of the Ex. iner were based on rumor and hearsay alone. From the development before that committee to-day, howe: it looks asif they will be able to learn in a postive | way that such is the case. The important clew was given by Sen- ator Doty in the course of his testimony before the committee, and points to Sen- ator Braunhart as the source of the infor- mation which led the fake newspaver to publish its wnfounded charges of bribery and general corruption among the mem- pers of the Lecislature. Twenty of the members of the upper house were before the committee to-day, and all, with the exception of two of them, knew absolutely nothing that could throw any light on the charges of bribery, either directly or indirectly. Those examined were: Hall, Morehouse, Wolfe, Prisk, Toner, Androus, Chapman, Voorheis, Linder, Seawell, Franck, Doty, Gillette, Withington, Simpson, Flint, Holloway and Henderson. While Doty was on the witness-stand he was asked if he had heard anything re- garding bribery after the bill had been passed, and this opened his store of infor- mation. All previous questions had borne upon matters preceding the passage of the measure. He asked permission to be excused in order that he might consult with the person from whom he had heard regarding bribery in connection with the bill and was granted his request. He was absent a few moments and when he re- turned he told the committee that he was ready to give all the information he pos- sessed on the subject. Senator Seawell had been conducting the examination during the session, though all the members of the committee were present. To a question by Seawell, Doty replied as follows: “A gentleman came to my seat after the bill had been passed and said to me, ‘This don’t look right. You have gone wrong on this bill.” He said itin such a way that Ifelt asif there was something behind it. He said it in such a way that it made me feel peculiar, and I asked him the particulars about the mat- ter. He said, ‘I don’t think that yon voted for it for any consideration. Idon’t want you to think that for a moment.’ Thnen he said there was money behind that bill, or he understood there was. He intimated that there was in his judgment, or that he thought so.” “‘He did not say so?’’ interposed Seawell. “Did he mention the amount that he heard had been received and the names- of those he had heard it from?” : “Idon’t know,” answered Doty, “where he got his information or anything about it. Senator Shine was present and was standing close by me. Idid not suppose there was any secret about it at the time. He mentioned something in regard to the amount. I think it was $150 that he said was paid to Assemblymen and $300 to $350 to Senators. He seemed to know some- thing about the matter. He said he haa heard it ramored.”’ Senator Seawell said: “We want to know from whom you got this informa- tion.” 2 “I am willing to answer that now,” re- sponded Doty. It was Senator Braun- hart. He came to my desk and told me, and I have his consent to tell you about this.” Senator Henderson testified that Judge Frick of Oakland had admitted to him that the bill would be a good thing for the Hale & Norcross people. Senator Braunhart. will be called on Monday, and it will then in all probability be developed that the whole fabric of the Examiner’s story was built upon just such idle reports as were carried to Doty by Braunhart. The Examiner has been taking consola- tion in the predicament in which it now is by making gleeful boasts and malicious insinuations that the Senate would be glad todrop the investigation, now that it had punished some of the Examiner's em- ployes. It nmeed hardly be said that its wish in this regard was simply father to the base ‘thought, and that the Senate will carry along the investigation as long as there is a particle of evidence to be ob- tained, or until it is positively proved that bribery took place, or that the Examiner knowingly and malevolently faked its whole story with nothing but a skeleton of shadowy. rumor to build upon. Mr. Bonner’s Reminiscences. John Bonner, whose personal experiences are worthy of a volume of many folios, lec- tured on “My Reminiscences” before a large audience at Mechanics’ Institute last evening. Mr. Bonner has a keen sense of humor, appre- ciates the frailty of human nature,’ under- stands its idiosyncrasies and remembers the striking episodes of his life, and in conse- quence his paper was unusually interesting. MB.STRAUSS'GENEROSITY It Is Ackmwiedged by Gover- nor Budd as of Public Bepefit. The following letter is self-explanatory: ZLevi Strauss, Esq., San Francisco—Dg Whnile the Regents of the Univer fornia have extended to you their your timely gift tc aid poor ay students throughout the whole an education at the State Unj while I, as president of th ghare in the resolutions of ( have been passed in th to say, as Governor of the that I'welcome the dispc torms of your gifi—s disposition which teniy to bring every part of the State of California into harmonions and mutually heipful rela- tions—a disposition which will aid greatly to mitieate the prejudices of place and locality, will ada to the patriotism of the whole Stats and in every way tend to the general good. 1 hayve long contemplated a change in the local character of the Normal sehools of this State, 50 that they might subserve the pur- poses and in fact constitute branches of our State University, so that students could prac- tically attend the State University for perhaps the first two years near their own homes, and there receive absolutely similar instruction to that at the parent institution, and by the same professors. 7 A recent act of the Legislature enables this to be done, while permitting the Normal schools to retain their distinctive and this dual character, and I hayve aporoved a bill for a State Normal School st San Diego with the idea of thus affording to that portion of the State a branch of our State University. 1 therefore hail such an act as yours, which not only furthers all of the above purposes, but makes such donors as yoursel! not so much residents of their cial localities, ag citizens of the State of California. Iam, dear sir, yours very truly, 8 H. BUDD. beg nia, ion shown in the ——— - — Fifty-Four Chinese Arrested. Officers J. V. Bunneo and J. Conlon of the Chinatown squad, disguised as Chinese, suc- cessfully passed the guard stationed at the door of & newly incorporated gambling resort, known as the “Chinese Mutual Protective and Benevolent Soclety of California,” at Washing- ton street and Waverley place, ana assisted by SergeantA. A.Perrin and five officers in citizens’ dress arrested fifty-four Chinamen whom they detected playing pi gow. The Chinamen were ‘booked at the California-street police station on charges of visiting a gambling place. Ringing in Your Ears Ringing in Your Ears Ringing in Your Ears Afloat or Ashore l Hudyan Cures! Ringing in Your Ears Ringing in Your Ears Ringing in Your Ears Ringing in Your Ears Ringing in Your Ears Ringing in Your Ears Noises in the Head, Failing Strength, Weak, Curious Feelings, Seminal Weakness, Spermatorrhcea, Premature ‘Weakness certainly cured by the great HUDYAN Remedy-treatment. HUDYAN Remedy- treatment can be had only from the doctors of Hudson Medical Institute. No one else can give you Hudyan. Hudyan Rem- | , edy Treatment sometimes cures in 20 days. fortunes of the \ This affliction de. NERVOUS DEBILITY. T, ™ embson, | organic strength. energy and hope. Follow= ing are some of the:symptoms :. Do you feel weak? Have you cold feet? Have you backache? Do you shun society? Are you losing flesh? Do you sleep poorly? * ‘Ate you low-spirited?, Are your eyes sunken? Do you have hot flashes? 18 your memory impaired? Have you no manly vigor? Have you no vital energy? « Do you have sick headache? Js there nausea after eating? Do your hands or feet sweat? Has the brightness left your eyes t Do you feel that you are unfli to marry? If you are in this condition you should learn all about the Great Hudyan Remedy Treatment. Read these symptoms, and if you have many of them you need the certain cure, the Great Hudyan Remedy Treatment. markable discovery has made the name and the Medical Institute. This re- Hudsonian doctors of the Hudson When your man- FAILING MANHOOD. eos®ponee faee you will twitch and show f premat, :’:}.ncu. Following are :::‘. :I the l;.fllm; Do your facial nerves twitch? Are you all run down? Spots before your eyes? Do the muscles twitch? Have you pains.in small of back? Have you pains on each side of backbone? Have you pains in head? Have you shooting pains? Do you feel fatigned? Are you weary? Does your head swim? Do your knees knock? - T¥iore & roby seaimont tn th ment in Do you nufler’!zom night lfl-:l;’“‘“ Hudson Rem- edy Treatment is certain to CONSULT HUDSON DOCTORS -FREE. cure Varicocele. Write for Cir= culars. A nervous man NERVOUS TWITCHINGS. Anssvacr.man Do your eyes twitch ? Do your hands tremble ? Do you feel shaky ? Can you walk without halting ? Are you melancholy ? Do you haye ringing in the ears? 1s your blood poor ? Are your eyes weak ? Areyour eyes bleary ? Does your head swim ? It is sure to cure. = It cures:as certainly as you useit. No one else can give you Hudyan but the doctors of the Hudson Medical Institute. CIRCULARS AN D TESTIMONIALS FREE. HUDSON MEDICAL INSTITUTE, ELLIS, MARKET AND STOCKTON STREETS. b <}