The San Francisco Call. Newspaper, October 15, 1897, Page 1

\ VOLUME LXXXIL—NO. 137, AN FRANCISCO, FRIDAY MORNING, OCTOBER 15 PRICE FIVE © GOVERNOR BUDD DECLARES HE WILL CALL OUT THE MILITIA State and City Authorities Prepare to Drive the Fair Estate From North “IF I FIND THAT THE LAW WILL JUSTIFY ME I WILL CALL OUT THE| Beach Streets. STATE MILITIA.”—Governor Budd’s Strong Words at a Meeting of the Harbor Commission to Discuss the Action of the Fair Estate in Driving Piles in Tide Land Streets at North Beach. s blood on the moon and are assuming a gory hue. Board of Harbor Commis. | sioners are about t0 open a very ag-| gressive campaign aganst the Fair estate to prevent the fi in of the| tide-land streets on North Beach, and the | State is to | a hand. The piles that Warren & Malley drove in the approach to the works of the San Francisco Gas and Light Comy oved even 1f fia State militia. clares he will resort to this extreme meas- | ure 1f he finds tnat the law will warrant it, and he has been promised an opinion on this phase of the r Atvorney-General this n 1t is possible, tco, that the city itself will join in the fig City and County | Attorney Harry Creswell says that if the | Supervisors will acquiesce he will do all in his power to see th be objectionable | Q»Hes are pulied ou ‘missioners are awai the ady torney F. 8. Stratton on t a week ago. are 1o be re- t is ary to call out vernor Budd de- tter n from the e matter of | their jurisdiction, and it be that to- | day will see the State s and pile- drivers ordered to North Beach with in- structions to clear the ude lauc cost. All this was decided at a special meet of the Harbor Commissioners held jata yesterday afternoon for the purpose of | discussing the right of the Fair estate to lay claim to the streets that lezad to deep water. The meeting had been arranged the previous evening at the Palace Hote, when an informal conference was heid by the Governor, Deputy Attorney-General Carter, Harbor Commissioner Harney and Attorneys Mhoon and Pillsbury, repre. ‘senting the gas company. The situation was then canvassed in its Jegal aspect and the matier was deemeq of sufficient importance to call a special meeting of the Harbor Commissioners for 4 0'ciock yesterday alternoon. There were present at the meeting: Harbor Commis- . sioners Harney and Chadbourne, Governor | Budd, Attorney Fred §. Stratton, as spe- | cial counsel for the harbor board, City ana Copnty Attorney Harry T. Creswell, | at any ing Dffrury Attorney-Gencral Car.er and At. | tfneys K. 5. Pilisbury and John B, | I¢heon, representing the zas company. An Invitation had been sent to Mayor Phelan, who, by virtue of his position, is ex-officio 8 member of the harbor board, 1gezttend the mesting, but he sent word 1™t e had been called out of town. The meeting proceeded promptly to business. From the beginning it was evi- | dent that Governor Budd thought the | possession of the fi | the obstructions forthwith. rights of the State were being trespassed wpon by the Fair people, and he did not | besitate to exprzss his opinions in nnmis- | takable language. When the row occurred on Saturday last between the working | forces of the gas company and the Fair | | contractors, the gas companviappealed to | the Governor that Warren & Malley were | closing up 2 navi-able sireet. The Goy- ernor after investigating the matter came to the conclusion that it was time for him to act, and he gave to Attorney Mhoon, who in addition to being one of the legal advisers cf the gas company is also an assistant Atiorney-General, written authorization to order :he con- tractors to remove the piles at ouce. When Mhoon reached the scene he found that the executors of the Fair estate had d. There was a man sitting on the top of each of the objection- abie piles with a stick of dynamite and a Winchester in his hands, and Mhoon was compelled to retire defeated. However, in the name of the Siate he ordered the improvised army to surrender and remove \ 1 i The representatives of Warren & Mal- ley were evidently not much alarmed. They replied to the representative of the | Governor with shouts of derision, and | told him to go to a place that is warmer | thun Mojave. Mboon reported progress to Governor Budd on Monday last, and it is unneces- | sary to say that the executive was very warm under the co'lar at the insult offered him. The guardians ofthe piles evidently | foresaw that matters were reaching a crit- ical stage, and in order that they shoula not be caught napping the forcs of waich- e1s was doubled and electric lights were | sirung about the scene of the dispute, so that there should be no sortie of the enemy in the dark. It was the memory of this disregard for his authority that caused the Governor to take the initiative in yesterday’s pro- ceedings. Tne law in the case, of course, was tle chief matier under consideration. The Harbor Commissioners were not sure that they had jurisdiction over these streets. City and County Attorney Cres- 1 well was in doubt if the city limits | covered the streets in question, which { lead out for a considerabie distance over tide lands. The aiscussion waxed warm. The Governor believed that there was some way to have the piles removed, as it had been contended that they were an otstruction to commerce and conse- quently 2n interference with the rights of the State. “If I find that the law will justify me, those piles will be removed, if I bave to call out the State militie,” was the way the Governor put it. *1don’t want any bloodshed, of course, but I believe that the rights of the State should be pro- tected. If the Attorney-Genera! says that I have a right 1o proceed to extreme measures in this matter I will do1t.” The Governor then expressed his inten- tion of asking the opinion of the State’s legal advisar at once, and he was as good as his word, for before he left the room he had written a letter asking for advice. The Harbor Commissioners declarea themselves anxious to take a hand in the dispute. They believed that the matter was properly one over which they had jurisdiction znd they expressed them- selves ready to move on the offending | piles with the whole water-front force of workingmnen at a moment’s notice. It was decided that if Attorney Stratton ad- vised that the harbor board had juris- diction to press into service the State tugs and piledrivers. Attorney Stratton was called upon for his opinion. He revlied offhand that he believed the board had power to remove the piles, but promised to give a definite opinion this morniag. Stratton said that he believed that the section of the water front in question was properly one that might be controlled by the harbor board, for the reason that the Commissioners had the right to prevent the erection in the barbor of all obstruc- tions to commerce. The City and County Attorney suggested | that the Commissioners ask the Supervis- ors to co-operate on the ground that the city was the most interested party to any encroaciments of private parties on the water front, He thought that the Board of Supervisors might be intluenced to pass a resolution instructing him to join bands with the State authorities. Attorney Pills- bury thoueht the Fair interests were pow- erful enough to dismay any Boara of Su- pervisors in a hand tohand fight, and the matter was dropped. The legal advice necessary to precipitate the row is promised by the attorneys this morning and the prospects for an exciting day at North Beach are good unless, of course. the Fair people shoulc resort to the courts this morning for an injunction, It was reported last night that this would be the campaign of the bonanz: interests. There will be a counci! of war on each side this mornirx; In the meantime Warren & Malley, the contractors, have possession of the works with the assistance of electric lights and a hundred armed watchers, Betwren Turicey and Bulgaria. LONDON, Exe, Oct. 14.—The corre- spondent of the Standard at Constanti- nople says: All the preliminaries have been agreed upon for an alliance, offen- sive and defensive, between Bulgaria and Turkey, under which the Governor-Gen- eralship of Roumelia becomes hereditary in the family of Prince Ferdinand, DUTLAW lGA1S 0 THE DEATH Kills an Officer Before He Is Fatally Shot. HORRALL READY TO DO BATTLE. Attempt to Arrest the Robber of the Fort Jones Stage. ONE DEPUTY DEAD, AN- OTHER WOUNDED. The Bandit Himself Meets His Doom In the Presence of His Family. PREPERR PR PR PRRR X REDDING, Cal., Oct. 14.— William Henry Horrall, the lone highwayman who robbed the Yreka stage, was shot and Killed in his doorway in Delta at 8:15 o’clock this morning by Deputy Sheriff Stewart. W. A. Radford, a Deputy Sheriff of Siskiyou County, was instantly Killed by the robber as he was in the act of shaking hands after an introduction by Deputy Stewart. Deputy Sheriff Stewart was shot in the left leg by the highwayman, but was not dangerously wounded. Detectives Thacker and Jennings of Wells, Fargo & Co, witnessed the shooting at a safe distance, not offer- ing to participate in the deadly fusillade. U'.00‘F.'!'U"."‘””’U!”!!"’"‘); S22 2 gttty iz $ Jeading up to the tragedy do not cover a period of more than about three weeks. After the Yreka hold-up Welis, Fargo & Co.’s detectives took un the scant and tracked the robber to Gazelle, where he took the train for a point further sout", as 1t was ascertained. With the booty re cured in the Yreka hold-up was a $20 gold note with a Garfield vignette. The sgent and the shotgun messenger at Redding had been particularly instructed to keep a sharp lookout for this piece of currency. Messen.er Din Haskell, in making the rounds of the stores, found the gold note at the McCormick-Seeitzer Co.’s. It was mutilated and had been sewed together. The books of the company showed that a bill of zoods had been sold to W. H. Horrall, with instructions to deliver by 1ail to Delta, forty miles north of Red- ding. This clew settled the fact of Horrall's guilt. Detective Thacker and Jennings came to Deltn, and from a young woman, E Inaz Greenwood, learned that Horralla few days before the Yreka hold-up bad cooked a lot ot food, packed it and, with a doubled-barreled shotgun, struck out over the mountains back of Delta, saying that he was going to the Alioona mines, A day or so after the hoid-up Horrall returned home. The shoe tracks leading from the ho!d-up corresponded exactly with the tracks made by Horrall in the dirt about his nouse. With all this and other evidence Detec- tive Thacker wired to the Sheriff of Si you for a warrant of arrest. Deputy Rad- ford was sent on Lthe first train with the requisite papers, arriving in Delta the evening before the tragedy. Shortly after 8 o’clock this morning Deputies Radford and Stewart went to the house of Horrall, about 150 yards up the hill from the railroad depot, and Stewart stepped up to the door and knocked, Rad- ford following. Mrs. Horrall, wife of the robber, cpened the door. “Good morning. Is Mr. Horrall in?” asked the officer. “Yes; he is inside,” she replied pleas- antly. At that moment Horrall stepped in from the kitchen and walked to the front door. Deputy Stewart was well ac- quaintea with Horrall. “This is Mr. Radford,” said Stewart. Radford and Horrall shook hands and while in the act Radford said, “I woula like to see you a moment,” motioning with his head as though he wanted Hor- rall to step out on the front porch, “All right, I'm ready for you,” said Horrall, and before Radford could with- draw his band Horrall gave his arm a quick pull and with h's free left hand shoved a 36-caliber revolver against Rad- ford’s breast and fired. The ball struck Radford in the midadle cf the breast and pierced Lisheart, coming out in the back so that it could be distin- guished just un ‘er the skin. As Radford fell Deputy Stewart struck the robber a terrific blow overthe forehead in theeffort to knock him down. Horrall shot again, hitting Stewart in the left leg, just above the knee. Stewart opened fire, and four balls from his pistol struck the robber, one piercing his heart, another breaking his right arm above the elbow and another shattering his right wrist. As the robber fell he Continued on Third Page, AASREAAAAAAARAGAEEIRE AL AR Aidl i i dd b did W ABEAE AA" AR’ SRS L | REDDING, CAL.,, Oct. 14.—The events | 'STEPHEN J. FIEL HAS RETIRED FROM THE SUPREME BENCH Has the Longest Record of Service Ever Made by a Member of KOk prevent it. 234 24 2020 0 e A2 20 24 2 24 K WRITES A STORY OF THE BENCH. | Stephen J. Field’s Last Officlal Communication to His Brethren of the Supreme Court. WASHINGTON, D. C, Oct. 14.— The following letter was given out this after- noon: SurREME COURT OF THE UNITED STATES, Washington, D. C., Oct. 14, 1897. Mr. Chief Justice and Brethren: Near the close of last term, feeling that the duties of my oriice had become too arduous for my strecgth, I transmitted my resigna- tion to the President, to take effect on the first day of December next, and this he has accepted, with kindly expressions of regard, as may be seen from a copy of his letter, which is as follows: EXECUTIVE MANSION, WAsHINGTON, D. C., Oct. 9, 1897. Hon. Stephen J. Field, Associate Justice of the Supreme Court of the United States, Washing- ton, D. C.—MY DEaa SIR: In April last Chief Justice Fuller, accompanied by Mr. Justice Brewer, handed me your resignation as Asso- ciate Justice of the Supreme Court of the United States, to take eflect December 1, | 1897. In hereby accepting your resignation, I wish | 1o express my deep regret that you feel com- pelled by advancing years tosever your ective conuection with the court of which you haye so long been a distinguished mem ber. Entering, upon your great office in May, 1863, you will, on the 1st of next December, have served npon this bench for a period of thirty-four years and seven months, a term longer than that of any other member of the court since its creation, and throughout a period of special importance in the history of the country, occupied with as grave public questions as have ever confronted that tribu. nal for decision. 1 congratulate you, therefore, most heartily | upon a service ol such exceptional duration, fidelity and distinction. Nor can I overlook thatyou received your commission from Abraham Lincoln, and graciously spared by a kind Providence have survived all the members of the court of his appointment. Upon your retirement both the bench and the country will sustain a great loss, but the high character and great ability of your work will live and long be remembered not only by your colleagues but by your grateful fellow countrymen. ‘With personal esteem and sincere best wishes for your contentment and happiness during the Court. SITERFHEN: | U« BEIEED @OF« CALIEOR WASHINGTON, D. C., Oct.. 14.—It was announced at the Supreme Court to-day that Justice Stephen J. Field of California had notified Presidedt McKinley of his intention to retire as a member of the court and had informed his colleagues of this fact. After the adjournment of court to-day, the Justices and the officers of the court called in a body at J ustice Field’s house and took official leave of the retiring Justice. Although his resignation does not take effect until the 1st of December, it is known that Justice Field will not resume. his seat on the bench during the interim. The President has determined that Attorney-General McKenna will be nominated for the Supreme bench unless some cause intervenes between now and December to Mr. McKinley has made some inquiries of politicians which have led them to believe that his mind is pretty well made up on Mr. McKenna as the next Justice of the Supreme Court, but to none of them, so far as can be learned, did he mention the matter of a new Attorney- L*fiti*flttt**i*t*titi"‘k*i'ki’*ii*htiiiiiittt*iititi*i*i*i*t*i‘kti**ii*fil General. the period of rest which you have so well | earned, 1 am, dear sir, very truly yours, WiLLiAM McKINLEY. My judicial career covers many years of | service. Having been elected a member of the Supreme Court of California, I { assumed that cffice on October 13, 1857, holding it for five years seven mouths | and five days, the latter partof the time | being Cbief Justice. On the 10th of March, 1863, I was com- | missioned by President Lincoln as Jus- tice of the Supreme Court oi the United States, taking the oath of office on the 20th day of the following May. ! When my resignation takes effect my | period of service on this bench will have | exceeded that of any of my predecessors, | while my entire juaicial life will have embraced more than forty years. I may be pardoned for saying that during ail this period, long in comparison with the brevity of human life, though in the retro- spect, it has gone with the swiftness of a tale that istold, I have not shunned to declare in every case coming before me | for decision the conclusions which my deliberate convictions compelled me to | arrive at, by the conscientious exercise of such abilities and requirements as I pos- sersed. | It is a pleasant thing in my memory that my appointment came from Presi- dent Lincoln, of whose appointees I am the last survivor. Up to that time there had been no representative here of the | Pacitic Coast. A new empire had risen in the West whose laws were those of an- other country. The land titles were from Spanish and Mexican grants, both of which were often overlaid by the claims of the first settiers. To bring order out of chaos Cengress passed an act providing ior another seat on this bench, with the | intention that it should be fill-d by some | one familiar with these conflicting tities | and with the mining laws of the coast, and, as it so happened that I had framed | the principal of those laws and was more- over Chief Justice of California, it was tne i | wish of the Senators and Rapresentatives | of this State as weil as those of Oregon, | | that I should ucceed to the new position. | At their request M:. Lincoln sent my name to the Senate, and the nomination was unanimously confirmed. This kindly welcome was extended in March, but I did not at once enter on the discharge of the duties of the office for the | side of the Potomac. | say inter arma silent leges. This court NIA. i*ii"N*tii’i*ifii*tit*tt*i***fltitk*il’ikit***it**t*tfii*i*t*{*i*tt* *dekdk k3 N O 3 X RO 2 RO A K reason that. as Chief Justice of California I had heard arguments in many cases in the disposition of which, especially in the preparation of opinions it was fitting that I shoult participate before leaving that bench, and I fixed the 20th of May as the day on which to take, as I did, the oath because it was the eighty-second birthday of my father, who indulged a jusc pride at my accession to this exalted position. At the head of tle court when I became one of 1ts members was the venerable Chief Justice Taney, and among the As- sociate Justices was Justice Waite, who had sat with Chief Justice Marshall, thus constituting a link between the past and the future, and, as it were, binding into unity nearly an entire century of the life of this court. During my incumbency three <Thief Justices and sixteen Associate Justices bave passed away, leaving me precious remembrances of common labors and in- timate and agreeable companionship. When I came here the country was in the midst of war, Washington was one great camp, and now and then the boom of cannon could be heard from the other But we could not met in regular ses: never once failing in time or place, and its work went on as though there wesra no sonnds of batile. Indeed, the war itseif simply added to the amount of litigation here as elsewhere. But the war ended in a couple of years, and then came the great period of recon- struction and the last amendments to the Federal consutution. In the effort to re- establish the nation, to acjust all things to the changea political, social and economic conditions, questions of far- reaching importance were developed— questions of personal liberty, of constitu- tional right, which, after oit-times heated discussions be:ore the people and in the halls of Congress, came to us for decision. I do not exaggerate when I say that no more difficult and momentous questions were ever presented to tbis or any other court. Ilook back with pride and joy to the fact that I was permitted to take part in the cousideration of all those important questions and that not infrequently I was called upon to express the judgment of this court thereon. And now that those times of angry debate, deep feeling and judicial action have passed it is pleasant