The San Francisco Call. Newspaper, October 7, 1897, Page 1

uoye} 9q ! 2 SIYL —————— ~arneres Ls ¢ A0ea017]. O { VOLUME LXXXIL-NO. 129. SAN FRANCISCO, THURSDAY MORNING OCTOBER 7 - PRICE FIVE CENTS. OLD OUSTED BOARD | RESTORED TO POWER BY THE SUPREME COURT Decision Does Not Pass Upon Final Title to Office—Only Old Supervisors Are In Pending Appeal. Text of Decree. Auditor Broderick Commanded to Insert the Tax Levy Figures of the Old Board—Mayor < Phelan Not to Resign—Supervisor Clinton Warm — Dr. Rottanzi Serene—Members of the Old Board Happy—Followers of the New Board Will Pray the Supreme Court to Advance on the Calendar the Appeal From Judge Wallace’s Decision. the judgment of removal the old board unquesti ed de jure amnd de facto body. Upon the day of the entry of the judgment an ap- peal from it was perfected. The members of the old board mever bandoned their offices, but always acted and cls ed the right to act. yem il it be said that the dgment was selfuexe: z and that ancy existed by operation of law and without process of the court upon the emntry of judgment, it necessarily follow under the was the av decision in the rrubias case that it existed only until an appeal pdgment was perfected, and that this ap- restored the incumbent to his rights of office final deter naiion of the comntroversy, and refore, the better present, apparent, legal right is with the old board.-Extract from the decision of the peal ntil eme Court. The old Board of Supervisors is in power again by decree of the Supreme Cou rendered late vesterday alternoon. The decision writien by Justice Henshaw and concurred in by Chief Justice Beatty and Justices Van F.eet, Harrison, McFar- lend, Temple and Garoutte. The last-named reached the same conclusion that his ssociates did, but got there by a different line o: reasoning. Ge tax Jevy figures adopled by the old Board of Supervisors. A careful reading of tne decision shows that the cou rt did not decide the question of title to the offic: as between the contending claimants, but did clearly decide that the old board, after | perfecting the appeal from the judgment of Judge Wallace of the Superior Court, was restored to the rights of office until the final determination of the controversy. Tearihg that the decision might be interpreted as a decisive and conclusive tri- umph of ihe old Supervisors, the Justices said in so many words several times over that the question of titie to the office was not passed upon. The old Board of Sapervisors and their followers regard the victory in the light of & distinct triumph, and the newly appointed Supervisors are as much chagrined as gmwmmmm‘oflrxn WILL NOT RESIGN, E § | : Mayor Phelan Says He Will Serve Until His Term of Office Expires. Away back in the administration of President Jackson it waz a common saving that “Democratic office-holders seldom die and never resign.” Mayor James D Pbeian is not going to violate the traditions of his party in this respect. He to0ld a CALL reporter iast evening that he nad no thought of resigning and did not expect to die. Commenting on the rumor concerning his resignation he saia: “It is absurd. 1 have no idea of resigning. 1 shall serve until my term of office expires unless I die, and I expect 10 live.” When asked whal views ne entertained regarding the decision of the Supreme Court he replied that he bad not read the decision and did not know what question had been decided, other than that the Auditor had been directed to enroll the tax levy passed by the oid board. The Mayor said he had not conferred with the attorneys of the new board or with the new Supervisors themselves since the decision was an- nounced therefore cou'd not say what plans would be adopted to cont the rizht of the old board to act as Supervisors. He said: “A signature of a great number of taxpayers mav be obtained 10 a petition asking the Supreme Court to advance the sppeal from Judge Walluce's court, waich is now on the caleudar of the hizhar court. As I understand the decision rendered to-day it does not decide the iitle 1o the cffice, but simply recognizes the old board’s right to act until the main question is determined on appeal from the Superior Court.” When asged if the counsel for the new board would be re-enforced in the future proceedings the Mayor made an affirmative reply. Mayor Phelan expects that so many leading taxpayers and public men will petition the Supreme Court for an early hearing of the appeal from Judge Wallace's court that the Supreme Justices will grant the request and render an early decision on the main question involved. While the case is pending in the Supreme Court the Mayor will attend the session of the oid Board of SBupervisovs and attend from time to time such con- ferences as the members of the new board shall see fit to hold. When the Mayor was asked if he expected any troutle in governing the board in case the appeal should be decided in their favor by the Supreme Court he replied: 0; Ican =ee no reason at this time why 1 should expect any trouble, but it shail be governcd. The members are responsible for their own actions. 1 might say, they have a mighty responsibility resting on them.” AL LRI E R R R LR R A R R R L L R R L R R R R R R R R R R R R R R R R L] S the old are elated. Barkeepers in the neighborhiood found a sudden demand for I'quid refreshments for congratulatory uses. Many wagers on the turn of the decision were paid and tse coin in payment 1ossed across the bar 1n exchange for wine. T he long expected decision was the event of the day and the talk of the town. Many public-spirited citizens who would have rejoiced had the old board been exiled to obscurity expressed no surjrise ai the decree, as they had entertained from the begzinning & notion that the law and the leading lawyers were on the side of the old board. Auditor Brod erick was congratulated many times over for the firm, conservative Y Y Y Y S U Y TS ST Y S S UV Y TSV BT é CLINTON WILL NOT RESIGN HIS OFFICE. ““The decision of the Supreme Court is a public calam- ity, and it will serve to do away with what little respect the people still have for, that body. It places a premium on bribery and corruption in office and will work incal- culable injury to the city. It is a blow to the future wel- fare of San Francisco and will put a stop to her prosperity. I shall not resign my position as Supervisor. I shall leave for Europe on business next week, and shall be away for about six weeks. On my return I shall continue to do my duty as a public official. “CHAR { § ES A. CLINTON.” The writ of mandate which the court issued directs Auditor Broderick to inser: | At tue City Hall, where tie current of sympathy a!wavs did run | swiftly in favor of the old members, the 1idings from ihe court caused a deal of joy. | *| Tie uudisputed fucts are thut the new board met u; | and dignified policy which he displayed from the beginning of tha controversy until | the cuiminarion thereot. In the light of the resuit bis jodgment was commended. | as he had resisted a1l attempts to coerce him into a recognition of the new board. Everybody wondered what Mayor Phelan would do. It was common talk on the | streets and in hotels, clubs and saloons that he would resign and seek solace in travel abroad among the gaileries and museums of the Old World, put later on it was | leurned that the Mayor had no intention of relinquishing the honor of presiding over ! the ola Board of Supervisors. Since the decree of the court that old board stands pretty high in the Mayor's official estimation. The Mayor does not expect to get the glad hand from the recently ousted but more recently restored eight, but he has been advised t) call off the soup which he had pre- | vared for them and give them wine. A Republican who is holding office gracefully under a Democratic State adminis- tration said last evening to a co:erie of friends that something of this kind should be done: “‘When Jimmie goes out to the City Hall to preside over the ola board be suould send a case of champagne to his office. At the close of the session he snould | descend gracefully from the chair and say in a semi-official way, ‘Gentlemen, we may | disagree on some propositions of law regarding the tenure of office, but we are all here to serve the people, and now I invite you one and all to come down to my office | and join me in a glass of wine’ That’s the way the successful politician would pur- | sue, and I undersiand the Mayor is in politics.” It was the talk last nicht among the supporters of the new board that a big peti- tion would atonce be circulated for siznatures. The prayer of this petition will be that the Supreme Court at oncé take up the case appealea from the Superior Court and decide whether Judye Wallace was right in ousiing the Supervisors from office for ? ROTTANZI STAYS WITH THE PEOPLE. T. A. Rottanzi—I have not read the decision in tull yet, and until 1 have I must decline to express an opinion, I will say, however, that 1 was against Judee Wallace's decision, and at no time thought that the stand be took was tenable. Regarding my fature course, 1 w elected by the people to serve for two years, and I will continue in office, performing my duties to the people in the tuture as I have in the past. I have no intention of resigning my office because of to- day’s decision, Wumnwumnmxuuummnxuuj failure to fix th» water rates in February. This case is on the calendar, but according 10 the ordinary progress of caves on the docket of the higher court would not be reached until some time after the official term of the board expires. Every effort will | bs made to get influential taxpayers to sign the peiition. The Merchants’ Associa- tion, the Federated Tra esand the Iroquois Club will be asked to join in the appeal | to the Supreme Court for an immedisate hearing. Following is the aecision in full: In Bank. Thu]rr;ul‘)inrlon. petitioner, vs. William Broderick (Auaitor), respondent. San Francisco, No. 40. an}rnxmzrmw This is an original procecrding in mandate, brought to compel the Auditor, as the per- | formance of an officini duty, to compute and enter the taxes wpon the asscesment roll in con- | formity with the rates fixed by orders of a body claiming o be the Bosrd of Supervisors of the | city and couuty of Sun Francisco, which body, for convenience, may hereafter be designated the o d bourd, | The Auditor made answer. JUST WHAT BRITT EXPECTED. Certain facts were admitted; to others upon which issue was | ‘ Supervisor James Britt: “Thia does not come as a surprise to me, be- ‘ cause I 1 ave had confidence ali through the controversy that the cause of right and justice would come out on top. | “Regarding our futnre course I have nothing to say at the present { time except that we shall be guided entirely by the advice of our attor- E nevs. 1 think we shall proceed to hel! committee meetings as usual, and probably in the rooms in the City Hal that rightfully belong to us, but as to thai I cannot positively say, for I do not know what the attorneys may advise. We shzll treat the Mayor oi this city with all courtesy as long as he keeps within the duties of his office, which I have no doubt he will do. If he persists in opposing the board I suppose we shall be com- pelied to adopt some other course, perhaps thé same that. he adopted toward us. “The Supervisors who joincd issues with the Budd-Phelan combina- tion will be accorded the sam: privileges they always were—the right of iree speech and their votes.”” | \ 2R029292022229982 joined evidence was addressed. They will be set forth as may be necessary for the considera- tiou of the iegal propositions calling for determination. By respondent it)s first insisted that as there are two bodies, each claiming to Ye and act- ing as the Boara of Supervisors, before the writ prayed for may issue, title to the office must be tried; that mandamus wil not lie to try title to office, and that, therefore, the app.ication for the writ must be denied. The facts bearing upon this matter are the following: Superior Court based upon the provisions of article X1V, section 1 of the constitution, and upon an act cntitled “An act 1o enable the Board of Supervisors,” etc., *to obtain data and iuformation {rom any corporation,” etc., “suppiying water to such ciiy and county, eity or town requiring such boards, town ‘council or uther legislative body to pertorm the duties pre- A proceeding was instituted in the seribed ection 1 ot articie XiV of the consiitntion. ard prescribing penaities for the non- riorm [ suca duties” (Siats. of 1881, p. 54), to remove ihe old board from office for its failure 1o fix waler rates in the month of February. A judgmen) of removal was entered against the board and agaitst the individusl members composing it upon Septembar 16, 1897, | and upon tne same day the defendants gave notice of and perfected their appeal. grmmn‘a E DODGE WON'T RESIGN. i‘ me. As toits legal merits 1 ¢o not care to express myself, as Iam nota Dr. Washington Dodge—The decision was not exactly a surpris lawyer, and if I were I am in a delicate position and ou:ht notto rush | into the papers. I naveno intention of resigning now. Why should I? | 5 Iskaill continue rignut along, or that is the way I feel to-night. The Governor of the State and the Mayor of San Franelsco, each deeming that vacancies were crested by the judgment and that in himself was vested the power to fill them, ap- pointed ihe same tweive men as Supervisors, who may be described as constituting the new board. Mixed questions, both of fact and iaw, are here presented as to the validity of the appointuients, tue time oi qualification and the like, which we need not pause to determine. pon the morning of Seutember 16, 1897, | the Mayor sitting with it, end then and thereafter contended and contends that it 18 the ac jure Board of Sup rvisors, and that in any event it is the de facto board. A majority of the ©01d board met in pursuance to adjournment upon the afternoon of the same day in the board- rooms ot tue City Hall, and thereaiter coniinued to hold meetings from time to time and to transact business, the Mayor snd the Clerk, however, refusing to recogniz: its official exist- euce. Upon the morning of Monday, (he 20th day of September, the oid board was in personal possession ot the boardroom; the new board was convened to meet at the same place. Upon the refusal of the old board 1o vacate their seats and the room, the members were remnvany physical force througn the instrumentality of the police, acting under instructions of tne Mayor. The old board then convened in an adjoining committee-room, and from this in like manner were ejected. Access to the boardrooms being thus denied them, their subsequent meetings were he.d in the corridors ot ke Cily Hall, and fipaily in & room of -a neigh boring hotel. Botu boards iramed uppropriate orders and presented their tax rates to the Auditor. He accepted neither. Upon his refusal toact, this proceeding was instituted. It is not disputed that it is the expressduty of the Auditor 10 récognize, compute and enter the iax levy, in accordance with the rate fixed by the Board of Supervisors. . (Pol. C. 8714, 3731, 3732.) Itis not questioned but that one or the other of the rates presented is Continued on Second Page, QUEZELTENANGO FALLEN BEFORE BARRIOS ARMY Official Confirmation of the Story of the Disaster to the Revolutionary Cause about two weeks ago. in Guatemala. THE PLAZA AND PALACE AT QUEZALTENANGO. WASHINGTON. D. C., Oct. 6.—United States Consul Pringle, at Guatemala, has cabled the State Department that the Government forces have captured from the insurgents the town of Quezaltenango. This town was captured by the insurgents The State Department has gone as far as it deems expedient toward the proteciion of American interests in Guatemala by baving the United States sieamer Alert sen: there, although it is not expected that she will be of much service, as most of the revolutionary movement has been confined to the interior of the country. appeared—Champerico and Ocas—have already been visited by the Alerr, which arrived this morning at San Juan de Guate- Her commander merely reported arrival to the Navy Devartment and his intention to return to Ocas. The two places on the coast where insurgents have HIGHT MEN HOLD TP A ThA They Load Up the Ex- press Car With Dynamite. HANDLE THE MES- SENGER ROUGHLY. Then the Bandits Develop a Fear of Their Own Deadly Explosive. DO NOT GET THE BOOTY THEY ARE AFTER. Afraid to Loot the Treasure Boxes Lest They be Blown to Atoms. KANBSAS CITY, Mo., Oct. 6.—Bandits held up the Chicago and Alton express train to-nizhtat a point less than six miles from Kansas City. The robbery is the third occurring on that road within a year, all within fifteen miles of this city. The Chicago and 8t. Louis express, which pulled out of the Union depot at 8:30 o’clcck this evening, was stopped by eight masked men at Evanston, a subur- ban stopping place just beyond Washing- ton Park. Evanston is about eight miles nearer to Kansas City than Blue Cut, made celebrated by the notoriouns James gang, and which was the scene of two previous robberies on the Chicago and Alton within a year, one on December 23, last, and one on October 23, last. The train was stopped at the Evanston siding by tbe explos:on of torpedoes which had been placed on the track. When the conductor and brakemen went out 10 ascertain the cause of the trouble they were covered witn revolvers in the hands of four of the eight road agents, The other four quickly covered the engineer and fireman. The brekemen were compelled to uncouple the bag- gage and express cars from the passenger- coaches. While this was being done one of the robbers busied himself going through the pockets of Conductor Graves, who was relieved of $22 in coin. In the meantime the bandits at the head of the train had ordered Engineer Vollette and bis fireman to climb down out of their eab. Engineer Volleite hesitated until a ristol-bail was sent whistling by his ears. He and the fireman, afier this pe-suasion, climbed down quickly and two of the robbers immediately took their places. The others of the bandit crowd jumped the express-cars. This part of the train they run up the track toward Independ- ence, Mo., about a quarter of a mile. There they compelled the ifrightened ex- press messenger to open the door of his car. The door once open, they dragged the messenger out by the legs. throwing him ‘o to the ground, and ook his gun away from him. The messenger wes then compelled to walk back toward the other portion of the train. After securing complete possession of the engine and the baggage and express cars, the bandits placed twenty-four sticks of dynamite upon the big through safe and then lifted the smaller way safe | upon top of it. They applied the fuse | and the match, and then evidently waited | ior the explosion to reveal io them the treasure for which so much had been risked. But, for some reason, the explosive did no: go off, and from the subsequent developments it is evident that dynamite had great terrors for the men who were not afraid to run the ordinary risks of AMERICANS IN DANGER AT HAVANA Aroused Spaniards Pa- rade and Shout for train-robbery. | Weyler 1t is clear that they were afraid to re- | ot turn to the express-car, for, after waiting | e A a few minutes for the expected explosion, | they hurriedly lef: the place, ranaing | ¢ MERCHANTS CLOSE into the underbrush which sk.rts the rail- way in that section. The trainmen, who had been left behind with the passenger coaches, politely | waited a reasonable length of time for the robbers to complete their work, and then ran ahead to the engine and the two cars, After some delay, for they, too, were atraid of the dynamite, they succeeded in lifting down toe small safe and throwing out the dynamiie, The engine was then run back to the rest of the train and coupled on, and after a full two hours’ delay the express resumed the journey toward St. Louis. The yassenge: especially the women, were very much frightened, and when the robbers began shooting at En.ineer Vol- letie there was a wild scramble 1a all the coaches. Diamonds, jeweiry and other valuables were hidden in every place con- ceivable in a passenger coach. Two Chicago and Alton deiectives were on the train. Both were badly scared and neither of them put in an appearance out- side of their coacn until it was all over, but the telling of how it was done. General Superintendent W. E. Gray was also on the train. The express messenger was not only roughly handled by the road sgents, but was robbed of §31 from his private purse. The passengers made up & purse of §25 and gave it 10 him. County Marshal Chiles and several dep- uties, as well as a squad of city police, left for the scene of the robb:ry about midnight on a special train. There seems to be little chance of their over:aking any of the robbers, as it is believed that the gang, by scattering ana coming in one at | a time, will have littie trouble in petting back into Kansas City or Independence. THEIR STORES. Great Excitement Among the Loyal Spanish Residents of the Island. AUTONOMY TO BE GIVEN 710 CUBA. The War WwWill the Be Kept Up Until Island Is Con=- quered. Speclal Dispatch to THE CALL. XRPPREPRRY RRRRR i")"l% MADRID, Oct. 6.---Senor Sagasta, the Premier, has received a cable message - from Captain - General ‘Weyler, who offers his ser- vices to the Government “I shall not re- D T T T, and say: sign.” At a Cabinet council to- night the Government de- cided to grant autonomy to Cuba under the suze- rainty of Spain and to con- tinue the campaign as long as may be necessary. AREREERERALARARSEARANAL FIRST FAILURE. || The Indian Bints Will Kot Ee Fe- Q‘Q(QQQQQQQQ@QQQQQQ& WOLCGTT’S » opened to Free Silver NEW YORK, N. Y., Oct. 6—The Naw 3 | York Sun in a double-leaded :pecial from Coinage. Havana says: At 10 o’ciack this morning uncompromising Spanish merchants in Havana c.osed their stores and tnreaten- ing groups of Spanish volunteers began to march along the streetscrying: *‘Death to the United States. Long live Spain. NEW YORK, N. Y., Oct. 7.—A dispatch to the Herald from Parissay: he Herald is informed from a trustworthy source that the Indian Government, in reply to a further pressing invilation by A _ the English Cabinet to consider Longhvfi General Weyler; death to the Senator Wolcott's proposals, has an.| JT2MOTS The whole city is in a state of terror. A laree ma ss-meeiing of Spanifards nas been calied 10 meet at the Casino Espanol to- night in lLonor of General Weyler, Placards have been posted in all the streets summoning loval Spaniards to the Casino and inciting them to firmly up- hold General Wayler, who is, the placards say, the savior of Spain. Adlong cable dispatch has been sent to Continued on Third Page. swered that it cannot reopen the question of the Indian currency, and it will not be a party to the reopening of the m:nts for the free cotnage of silver. In weil-informed English circies, adds the correspondent, it is not believed that Lord Salisbury’s Governmsent will dare to override on this question the decision of the Indian Government. Senator Wolcott’s mission must thus be considered abortive.