The San Francisco Call. Newspaper, December 4, 1897, Page 2

THE SAN FRANCISCO CALlL, SATURDAY, 1897. DECEMBER 4, and deme- ionab e, cekine: , tqually objec ¢ lcomed into prominence. Dunbar is of such material, so bounud- mbuitious, that those who held the ance of power in the elective majority | securing concert of on | provosition. In | ou d- orthern Pacific | short notice tion on one the sizning of a act, which bound | mbition of the | szers, namely, the pro- | Hantord to the position » Fiela was expected to | 1t thata Repuolican ad- eeded that of Cleveland. It was surmised, with reason, that fol- ing Harrison’s appointment of Jack- n (D.) from Tennessee Justice Field t make way for the appointment of & in the spirit of Court, a seif. poli preme despaired of with Lim o1 this crisis, Wi candidate of lroad, w 1y given son, thod the taken up s s nom u the out R ve ¢ 1c given cor as care t him 1 King Count nimous appointment citie ¢ :rsonul influence with nd part:icularly with : : ¢ himself powerless he pr «f the argumeut that cally could not sustain wdidacy. While it is impos- ission here bear- ot it is plamnly intimated t in Washington’s interest in in Uregon, and that it will red by Senator McBride. - JUDGE ROSS i IN OFPOSITION. | He Thinks Judge McKenna Wil Be N:med to Succeed Field, Nevarth-less. LOS ANGEL Dec. 3.—'‘Attorney- ral McKenna is not quaiified, nor is to £l the post of Associate Supreme Court of the United ion by ine M. Ross, ed States court for this seeri at his hotel this CaLr representative and yhtest reluciance expressed evening vithout the s r tiie Supreme I ed a petition or tter to the President reque not name Judge McKenna Field ?” Le was he has fully det Any letiers or communi- sed 10 him on e of no avail. ou think the bench and bar ¢ Coast will do with regard to na’s appointmeni 2" 1 thin “I do nc ) delex app! ifirmation in the event he attorneys generally nted. arule do not He think the appointment is not competent. e - position Associate of eme Court of the requiri the high- 'd qualifications, na do 1ot possess, s of the United 1ch do not look upon his on with favor. I know ¢ that the appointment one to make. 1s the prope “'Before Jud :e McKenna is confirmed I think a full ression of opinion wil be obtainea by the Judiciary Committee of the Senate, of which Senator Hoar of Massac) etts is- chairman. It i<, I be- lieve, tie tom ‘for this committee to secure opinions from various sources be- fore acting in_a- matter of that import- arce. “Should shaik certai ing it, and 1n dezail. 2 it be - understood that I am not casting the slightest reflection upon the honorand integrity of Judze McKenna when I'say. that I'do not think that he is compeient ta =it as an A-sociate Justice of the:.Supreme- Court of the United St my opinion be called for I nly have no nhesitancy in giy- - SAY- THE PROTEST ORIGINATED HERE. | Lzwyzrs'.at Tacoma Deny That Hanford Is Behind the Move~ ment. TACOMA, Dec. 3.—The movement which hias resuited in sending to Wash- ingion a prote<t from this State and Ore- gon izainst “the. apoointment of Juige | McKennd. to' the Supreme bench h:d its in Fraucisco. Lawvers here who Know wihat has been done are adverse 10 discassing the subject or stating where they siand on the proposition. Circum- stances seem td bear out the stalement made to-nt hi'by & prominent attorney to origin i’ Sin theeffec: thitthe protest was first talked | of hers very soon’ after -he return from San Francisco, four weeks ago, of Atior- ney Benjamin-S. Grosscup. Mr. Grosscap is'a brother of Judge Grosseup of Chicago und a member of the firm of . Crowley & Grosscup, attorneys for the Northern Pucific Raliway for West- érn Washington and Uregon. Judge Crowley-said to-night that he did noi wish to.dischss the -subject. Mr. Gros<cup said Anodher atiorney said that all he knew of the matter cameé from 'Mr. Grosscup, but he would rotalk further. . The Gross- caps knew President McKinley beck in Ohio and Atiorney Grosscup was a candi. date for the vacant Circuiy Coart Ju ige- snip when Judpe McKenna was called 1o Washinguon. Judize James Wickersham, who should naturally be opposei to a provosition ad- vocated by the railways and their at- iorieys, declares that he heard nothing of the McKenna'proiest untit THE CALL cos- respondent asked him about it to-night. Gener-i James M. A-hton, formerly counsel for the Northern Pacific Ralway, said he bad heard the protest talked of, buthad not signed it and would not. He did not believe in forwarding such & pro- test in the interest of any candidaie or for any reason other than supposed unfitness of the candidate protested against. Atiorneys bere are unanimously stating that there is no effort being made to push District Judge Hanford or any other man ior the, judgsehin. They say the protest | ro-ults from the opinion common to many lawyers thaf Judge McKenna is not a big enough man to occupy a -eat on the Su- preme bench.” They pointout that he did not make a record of much conseguence as a member of the Conurt of Appeus for this districr. Attorney P..C, Sulliyan, national com- mitteen ior Washington and Rapubli- can candidaie for Governora vear ugo, <aid he had not signed the protest. He hagd beard it discussed, but did no: know who was behind it. . Atorney L. C. Dennissaid he was asked to sign the protest about a ‘week ago, which he did, his-conviclion b ing that Judge McKenna wis a vood deal of a politicizn .and not a good enough’lawyer to succeed Fieid. 3 Ex-Congressman Doolittle was in Wash- ington City advocating his candidacy for Commissioner of Patents tosucceed Ben Butierworih., Juag: Wickersham, Gen- eral'Asbton afid others sy they do not believe that there was an understanding that Senator Wilson was 10 get Judge Fieid’s place for Judge Hanford if Wil on t Wilson, though he | t- | *No, sir; 1 have not d any such | a2 I have never be ked to do so. arrived at the couclusicn that McKinley will xpvoint Judge the subject | any concerted action | nied with Judge McKenna | e knew nothing about it, | It is the unde: standing of some attorneys: that the | movement against Judge McKenna is general throuzhout this di<trict, and in some other parts o the country as well. SEATTLE LAWYERS STRONGLY OPPOSED the | was elected Senator. Mr. Wood of Fortland Says Al Federal Judgas Are Azainst McKenna. | SEATTLE, D-c. 3.—There is a general | murmur of dissatisfaction among the | members of the bar of King County over the prospective nomination of Judge Joseph McKeana to the Supreme bench. Although the feeling is strong, there isa ! di-inclination among the attorneys to ex- press their opinions through the pubiic press. One ex-Jadge, speaking to THE Cann correspondent to-night, said: ‘7The con- sensts of opinion among the legal profes sion in this city is decidedly adverse to Judge McK:nna holding a higher place than he now occupies. He hasnot the | natural gifts, the acquired learning or de- | cision of character ihat qualifies him for any judicial place of importance, much less for the hizhest place known tothe profession of law and to the system of jurisprudence of this country.” It bas not yet been positively decided whether a formal protest will go out from this city against the confirmation of Judge McKenna. Many prominent at- torneys, who may later come under his judicial notice, fear to incur his. displeas- ure. Beveral of the local a'torneys have within the past few days received copies of a tvpewritten letter from C. E. Wond | { of Portland, addressed to Senator George F. Hoar of Massachusstts, Vood is a law partner of ex-Attor- ney-Genersl Williams, and sets forth strongz reasons why Judge McKenna should not be the suctessor of Justice Fi ld. The letter recites the career of Judge McKenna, who began his pro’es- sional career in the littie country town of | i Buisun, Cal. It states that bhe was con- cerned in no important litigation; that early in his career he made politics his profession ruther than the law; that he served in Congress until a short time befire his elevation to the bench of the Ninth Federal Circnit; that as a member of the bar he never had a case in any of the Federal conrts and not more than one or two in the Supreme | Court of his State. | Mr. Wood further recites the dilatory | methods practiced and comparatively lit- e work done by Judge McKenna during incumbency on the Appellate and Cir- | | cair bench. | Hs leiter concludes as follows: It seems to me, therefore, that President Harrison's experiment was not suec | aud that we are justified by Judge Mc | Tecord on the bench in believing that his life training has not fitied nim todo judicial work accurately and rapidly, or ihat the natural trend of his miad is not that way. A well-recognized means of gauging & man’s fitness for a position is the estimate in which | ie 18 lield by his associates. Judge McKenua's former sssociates on the bench consider it beneath the dignity of their office and a breach o judicial etiquette to vol- uutarily intrude their opinions in this matte Feeling strongly and perhaps rabidly, as I d. 01 tne question of public duty, I cannot asree | with them as to what is required of them in & cise like Liis. | ut whetner I am correct or not in this | . I am entirely warranted, and know whereof 1 speak, when I say that not o.e of his late associaies, irom Judge Hanford on Puget Sound southward to Judge Ross of Los | Angeles beiieves him to be fit for any judicial office, much less for & posit:on on the ~upreme bench of the United States; and that :f the opinion of these gentlemeu is requested by ove entitled to a reply, they will cxpress this | view, without prejudice to_ the pleusant pe sonal character of Judge McKenna, but ha ing regard solely to his judicial mind. Of tie judges | meniion,some are Demo- | crats, and not one of them 'has the slighiest expectation of appointment to the Supremo | ench himself; and if any one of tnem did | have such expectation ne would not be wili- ing 10 openiy express his opin of Judge McKennaasariva. I bave talked perso | ally on this subject with Judge Hanford, | Judge Buliinger, Juage Gilbert, Judge Ross, | Judge Hewley ana Judge Morrow, and I know by nearsav, but irom good authority, the views of Judge de Haven »nd Judge Beatty. and it cerininly seems worthy of considera- tion that, in spite of differences of chara and politics among themselves, they are unan- imous upon this point. There had been a hope among & few of the close friends of United States Judge Hanford of this city tnat ‘be might succeed Justice Ficld, but if took no tangible form and he was not at any time & candidate for the place. in conversation this evening with ex- United States ESenator J. B. Allen, who is connected with one of the leading law firms of the State, he said he understood that considerable dissatisiac- tion existed in view of preferment of Juige McKenna, who in learning, intel- tectual ability and determined character | was notali that the highest tribunal in ihe land demanded. Mr. Alien do s not believe a formal pro- test against confirmation will go out from the State. He furthermore knew of no effort tosecure the appoin:ment for Judge Hanford. Another prominent attorney, Maurice McMick n, said to-day 10 1HE CvLL cor- respondent that whiie it would be ve grati ying to the bar of the State if Judge Hanford were aproinied to succeed Jus- tice Field, he knew of no_effort having been made to that end. He did not be- lieve there would be any very pronounced | opposition to Judge McKenna. | [ “Heis my friend,” said Congressman | | | | | exprassed personal Disirict James Hamilton Lew in referring 1o McKenna's probable appoiniment, “and us such 1 earnestly Lope for his contirma- | tion. ‘Always having been favored by hm Unaturally woul! rejoice in his eie- vation withou: regard for bis qualifica- | | tions for the higher office. Tiere are other attorneys who severely criticise his capabilities, but [ am not on of them.” | "R. B. Alberison, who aspired to judicial bonors in Kines County last iall, ex-| pressed the opinion that “Judge Mc- Kenna's elevation to the Supreme bench of the United States would certsinly not bring to it the dignity and great ability | whieh this most important position de- | mands.” | Ex-Judge H. G.Struve says he favors | Juige McKenna’s confirmation on per- sonal grounds, He thinks no protest will | 20 out from Seattie Judges and atiorneys, | | neither does he know of any effort to ele- vate Judge Haunford to Justice Field's!| chair, | Ex:Judge Thomas Burk raid he felt a reiuctance about expressing an opinion on | the wisdom of Judge McKenna’'s sclec- tion. In view of the great responsibilities of the office he believed it shouid be filled | by the highest ord r of legal ability. He had not heard that Judge Hanford ever aspired to the place. One - of the vrightest legal lights of Eastern Washington is Frink Graves of Spokane. He was in the city to-night, and to THE CAry correspondent =miled | significantly as he uttered, with much de- | iberation, these woris: *Upto the time I left Bpokane—about a week ago—there wos 0o formal protest against the nom | navion or confirmazion of Juage McKen to the Supreme bench. Furw er than this Idonot cure to say.” H Bought by the Grants. | Adeed was filed with the Recorder yester- dny by which George Whitteil and Anna L | Whittell transferred to James D. Grant and Adum Grant the lot on the northwest corner of Bush and Sansome streets, 107 feet 6 inch-s square, for the sum of $10. - This .ot, ‘With improvements, was pur- chased by tye Whittells some time ago for 80,000 at & referce’s sale. 7 ———————— Restaurant Corporation. The Raiston Restaurant Company, organized for the purpose of conducting a restaurant or restaurants in this city, filed letters of ineor- poration yesterday. L.'A. Emlay, M. 8. Eml A: H. Allen, W, E. Ailen and A’ A. Taft u named as tne directors of the incorporation. ———— Panels to Paint On. New panels ta paiut on in Persian green and gold outsell all others in artists’ material departent of Sanborn, Vail & Co, > ot | most frequentiy hears about the c WOULD ROB McKENNA OF THE ERMINE The Attorney-General’s Cali- fornia Friends Come to His Defense. His Opponents Will Ask the Bar to Oppose Him, but Many Eminent Lawyers Say He Is the Man for the Place. The startling news that some of the | vers high regard for Judge McKenna. As for bench and bar of Oregon have taken a | bold stand against the appointment of | Judze McKenna to the Supreme bench was the one theme of conversation in |judgmen legal circles yesterday. Wherever one went the subject was freely discussed. There was & great deal criticism directed to the Federal Judges for go'ng o of their way to inter- fere in the matter, but tue antipathy of | Judge Gilbert proved no surprie to those conversant with Federal gossip in c.ty and elsewhere. ‘When the story of tne protest became known around the Federal was asserted that Jud:e Gilbert was prime mover the in the whole affa r and his animus was freely commented upon. It was known that he and Judge McKenna had b:en at outs ever since the Sawyer episode, and that the estrangement and bitterness of feeling on the part of Judgze Gilbert had been intensified by his failu to bave 8. C. Houghton appo nted Mas- ter in Chancery, the incumben:, Judge Heacock, being the friend of McKenna. It is well known in F.deral circles among the politic ans and cle:ks, that tl first bad feeling between Judge McKenn and Judge Gilbert arose over the d.sposi tion of the spoils of office. The story ¢ dors of the big red building is that Judge G:i- bert was a stanch friend of Clerk Sawver, while Judge McKenna was os strongly in favor of Colonel Costigan. McKeana had aiaw passed—a« a rider to some appropriation bill, some say- whereby ha was given power to disjose of the clerkship bere, anu Judge Gilbert was ¢iven the same power over the cierk- ship in his district. The cffice was small, but the erisode was pretext enough for a pretty broad quarrel. In tnis connection it is said taat Judge McKenna’'s commis- sion wa- a few days older than that of Judge Gilbert. This gave him some ad- vantage of priority and caused a harsh feeling on the part of Judge Giibert. John T. Doslefand William 8. Chapman are saic to be the most active menin the opposition here. Mr. Chapman says he never saw Judge McKenna in his life; that he is snimated by pureiy patriotic motives, because he does not believe the man has the ability demanded by the place. It is rumored that ameeting of the bar wil! be called to take action on the matter in this city at an early date. As for cast- ing what that action will probabiv be the following interviews shed some light, though most of the lawyers seen declinea to be quoted relative to the uppoint- ment: United States Circuit Juage Morrow said: “I did not sign a protest.”” Beyond that he declined to speak. He did not care to say anything regarding the subj ct matter of the protest. United States District Judge de Haven said that he had no. signed the prctest, and did not think it would be proper tosay anything regarding the :ubject at issue., United States Attornev Foote was not at all timid about expressing his oj inion. Hesaid: *Ihave not signed a McKenna to cave my life, and I have no reason 1o say anything against bim. I have fourd him to be a gentleman and building it | inally Jud e | this | | an examining | Judze Fied, but th | o1 the men who have saton the judicial bench. his Judicirl capacity I know noining. I never | practiced before him. I, however, read sev- Tal of his decisions that came in reference to cases belore the Supreme Court aud they, in my opinfon, were very able and of sound |, Justice F. W. Henshaw—I have a very h regard for Juage McKenna. [do not be- lieve there can be a well-founded opposition 10 his confirmation to the Supreme bench of the United States. | Justice Ralph C. Harrison—The peti- tion of the Portiand people has to me the ap- pearance of sume person in Oregon wanting the appointment to the Supreme bench of the 3 1 believe, however, tnat Mec- | receive the appofutment, and that the appolntment w. be confirmed. I have doubt of that, and I believe he is a capable | mun for the honorabie position. Justice T. E. d.cF riand—It is & matter which I do not feel 1s becom:ng of me to dis cus Justice €. H. Garoutte—Juage McKenna a genileman in every senseof the woud, andasa ju.or fully up to ihe aversge of the Judges of the Supreme Court ot the United Staies. I have known him for many years and can say ibat he isan industrious, hard- ng man of god education, of great lit- | ernry atiainments and of iigh moral wortn. u-tice Jackson Temple—l was cne of ommitiee that pas McKenna's abluty to pract He Wasa bright student and he passeda good examination. I1sm notin & position to Judg- as to his jud.cia capecity. 1 Lave Leard many complainis inst him of not doing nuy- uing when he was on theCircuit beach. I think e ere many better lawyers in California than he. He is perhaps not the equal of can be said of mostany He has not been in the profession for any greatlengih of time and he certsinly dyes not rank very high asn lawyer. Ican speak very | have a good deal of litigation that | etfie S | honorable. He 1s essentially highly of him as a man, but do not think his career Lis been such as to recommend him for the place he is named to fill. We have had the greatest man that ever sat on the bench of the United States Supreme C t irom Califor- ia and we cau only hope thatif McKenna is appoiited to succeed him he may atieast cqual the record of Judge Field. Judge Haynes. Supreme Court Com- missioner—I know liti.e of Judge McKenua #ud have no personal knowledge of him in a judicial way. By reputation, however, I know bim to be a gentleman and an sbie juror. I bope the reporis of his disqualifications may be untrue. Tnere iS NO reason Why this coast shouid not have a place on the bench. We not fa- miiiar 1o lawyers of tue East, and itis impor- | tant that when such questions come before the United Siates Supreme Court for litigation we snould have repfesentation on the bench If McKenna 1s not appointed it is probable that ‘some person in the East may be named to till the vacancy caused by Judge Field's re- tirement, and the const will have no one 1n ie court familiar with the affairs of the Pae ope. dge Carrol Cook—I have net zeen the <1, nor will I sign it or discuss Judge Mc- nna’s qualifications, as I consider it & deli- | cate matter for one in wy postiton, 1 will say tuatnews of the fightagainst him did not surprise me. 1 h cussed a great dea! mempber of the Cabinet, end rightiully or | wrongiully, many lawyers have expressed op- | position to him for the place. John Dreshach—| have seen and refused to sign the petition against Judge McKenus because I am for this State. While he may not be the greatest iawyer we have iu this city he 1s as good as some of those Easteru jay$ who might be appointed If he were not. Ibelieve in & man known to us out here. Joseph Naphtaly—I have kunown Joe Mc- Keuna tor mary years. Heis asshrewd and studious a lawyer as you wili find in the en- tire country. I have found him prompt ana clever. He is vigilant, active, ciear headed and stugent in every 5 cnse of the word. I.know Judge McKenua him in every way, but I donot rea.ly beli.ve a i awyer should rush into print in matter of this gravity. I cannot express an-opinion on the subject without violating my sense of propriety. R. Porter Ashe—There is a petitiou in cir- protest | | and I would no* say a word against Judge | hear man of abiiy,ana 1 have always seen | him susi himself in vroperly. Oa the o her hana it would be highly improper | for me to Interiere in tbe matter, even 1 Ifelt that I had cause to do so. The ap- pointment is the business of the Pres.- dent and not mine, and it would be highiy disrespecttul for me to interfere by way of protest or otherwisz, I would not want to say a word a:sinst any man from Ca fornia who is aspiring to a political posi- tion. President McKinley is well ac. queinted with Jud:e McKenua and has had experience of him as Atiorney-Gen- eral. Iesteem Judee McKennaasamn of nonor and charac er and competent for the posiiion. Iwould no: sign a protest against my bitie est enemy in a case of that kind. Mr. McKenna has done noth- ing against Calilornia that this action should be taken against him." Assistant United States Atiorney Sam- uel Knight said that he bai not appended his name to the protest of Judce Giiver', He said: I veli-ve Judge McKenna to be aman of a great deal of ability. He is quick to grasp the points of a case that is presented before him. He is conscien- tious in his work, and above even the sus- picion of unfai-ness. Inall my relations with Judge McKenna as an officer of the Government prosecuting cases in 11s court, I have every reason 10 feel satistied with his judicial determination of the questions that were brought betore him.” Deputy United States Attorney Bert Schlesinger said: *“No, sir; I did not sign the protest, and I certainly would not. I think that Judge McKenna his the moral and the legal ability neces ary and is welf qualified for tbe place. It is not good policy to oppose his preferment. record on the bench is a good o.e in all respects and his decisions are sound. His sbility has been recognized by the people of this Btate.”” . Judge Heacock, Master in Chancery and Court Commissioner, was indiznant when the question was asked him. *‘No one has had the assurance to a:k me 1o sign any such paper, knowing the relations that exist between Judge McKenna and myself. Iconsider him a man of broad mind and perfectly competent for the position.. He wiil do honer to the State of California when he takes his seat on the Supreme bench of the United States.” Chief Justice Beatty—It a te matter for me 10 discuss, Personally I [ elica have His | culation. It is what the sports would call a warm one, too, but I did not sign it. 11 I had n opinion on such a matter I wou'd express it, bui I never nppeared in Judg: McKenna's cou I have no opinion. You can tind many men who have seen the patition and I Ala great many have sigued it. Itsets forth tha: McKenna was negligent with cases. Itgives a listof causes that he falled to dis- pose of while on the bench and states that he is in every way nnqualified for a place of so much responsibtiiry. John L. Boone—The Portland lawyers and United States Judges who are opposing Me- K:una are ‘onto their job,” as (he phrase runs. He 1is a nice little fellow personally, but is nslow, ignorant and absojutely incompetent man for the piace, He botches everything he touch Inever saw a more unfit man for the bench. On the simplest matters he would dismiss ‘he jury and ask for a briefon ques- tious thatshould be decided by auy couri of proper qualifications without serious re- searcn. He knows no law and he knows it, but he Is cunning enough us a politician and craity enough a8 & man 1o “seem to have a wisdom be hath not,” so be always appears in tne light of a wise and most deiiberative owl It would be a d:szrnce to pui so weuk, vac lating aud little a man in 50 big a vlace. Itis shame if the lawyers have not the bravery 10 express their opinfons. The dignity of the bench ought to be upheld by preventing the scandal of such a man’s_promotion to.powe John R. Garber—No petition has 1 presented to me, nor nave I heard of it. I do notcare to say anything on the subject now. Idecline to say whether I think McKeonaa big enongh man for the piace. Wl fierms —sudge McKenna is a fine la I think tke circulstion of this 2tition is n disgrace to nli engaged in it I e found McKenna « thoughtful, studious, insiaking and clear-headed Judge. He struck me as being the most thorough and paiustaking of stadents and & man who is thoroughly conscientious. Congressman J. . Maguaire—I will not sign the petition again<t Judge McKenna, though I have heard of the fight agaiust him. It is my belief thatit would not be a proper matter for me {0 d:scuss. John B. Mhoon—I1 have such relations with the Judges and prospective Judges that I must quote one o\ the favorite opinions of Hall McAllister—"“That I h ve noopinions on any pubiic question except such as 1 keep to mvself. Imake this sncrifice to my clients, to whom the airiag of my views might be of- fens.ve. . Pillsbury—I cannot conceive why this petition should huve b-ea in circulation. 1 nave uotsigned it nor would I take part in 1 do not care to 1°wed on this matter, though I know Judge McKenna very weil. Everybody knows him, and it will not req 109 to learn how he s ntlawyers of this eity. W. W. foote—if I were appointing a Su- preme Judge from California I think I could make as good a selection if 1o’ A batter ome. I believe, nowever, that Judge McKenna is as ¢spable as some of the other Justices on the beich. E. S. Heller—I believe that Judge Mec- Kenna is perivct'y competent. 1 tried several cases before him in the Circuit Court and found him capable and parnsiaking. —I have not Leard of any netition being cirenlated inst Judge Mc- Kenua. 1 have alwavs considered him an able snd conscientious man. Our firm has had many cases before him and it is from the op- ortunity thus «ff rded of observing him that reached my esiimaie of his worth: Ialways found him to le a studious, hard-working Judge. D. M. Delmus—] must be cxcused from discos tng Judge McKennw’s candidney fora pace qu the United S.ates Supreme Court vench, M. J. Waldheimer—While Judge Me- Kenna is able and 1 be icve compe ent, & best friends must admit that e cannot com- pare with Justice Field as a jurist. I believ however, that Le would prove 1o bea hard- working and conseiontio udge. = Joseph Rothschitd—I was surprised this morning wnen Iread of tuc petition opposing Judge McKenun, I consider him sble. sonest and efficieat. I'knew him jor many yesrs be- fore he was sent 10 Congress and always found him honestand relixbie. Ithink that he is fully competent to fill the vacaney on the bench. J. J. Lermen—I have not heard of any petition being circulate! in this cily opposing the candidacy oi Judge McKenns. If one wes presented to'me | wou.d reiuse 19 sign it, as I cous'der Judge McKenna thorough'y capabie of filing the position. Julius Kah,—It is certainly remarkable that two of Judge McKenna's former asso- ciatesshould now oppose him, s they are do- ing, I the dispaich from Orégon is correct. They musteither think him incompetent or else’are actuated by versona: motives. I never had & case before Juage McKenns, so 1 am uu- able 10 form an estimate ot h.s ability. R. B. Mitche cKenna is to a great extent a selfmade lawyer. If he dia not —J nhave the advantages of education in hisearl er life, in the way 0: law schools aud universi- ties, he has more than made up for it by the diligence he hus applied to all the duties he was called upon 1o perform belore going upon the beuch. He ably perform-d the judicial duties devolvirg on iim s a Juage ot the Ualied Staces Circuit Court. To show you his great ana absolute lack «f fear o: critici-m it is oniy necessnry to recite the fuct that after his appointment to the United Siates Circuit Court by President Harrison he wen 10 New York and devoted several months in & post-graduate ciurse of iecturesat the Colum- bin Coilege Law School s showed his &rit, and it has been the same way with every e tried before him us Circuit Judse, for bis opinions show that every cause submitted to him was made the subjecto! speciai siudy. His honesty and integrity have never been uestioned even in Celi ornin, where the chur- rof aJudge has ncver been beyond dis- cussion either by the bar or the people. Reuben H. Lloyd—I bave known Judge McKenua for many years, and have always re- garded him as an honest'and capabic lawyer. There is some ulterior purpose to be served when an attick has boen made on him. His ovfons while acting as Circuit Judge prove him to be well qualitied to fi. | the place, and I hope that he will be appointed K. H Cou tryman—I heard several weeks agothat a petilion requesiing the President not to name Judge McKenne was being circu- lated, but ic was uever presented to me. I eon- sider Judge McKenna to be honest, upright and capable, Le-wis ¥, Byington —I never heard of any opposition to Judge McKenus untii the news came from Orezon. Iao not care to dis- cuss his ability as a jurist. Peter F. Dunne — I thiuk that Judge McKenna is fairly competent to nil the va- cancy on the Supreme bench. If apetition was presanted to me opposing Judge Mc- Kenna I wou d refuse to si<n it. DAVIDSON NEVER UTTERS & WORD Believed to Have Eeen Crazad by the Infidelity of His Wife. Proof of an Important Naturs Reserved to the Court and Jury. Special Dispateh to THE CALL. BAKERSFIELD, Dec. 3 —The interest manifested in the trial of Davidson, the wife-killer, was greater to-day Lhan yes- terday. The large courtroom was crowded with spectators ail day, and every word uttered in the progre:s of the case reccived the closest attention. It leaked out yesterday morning that some racy testimony was to be brought out to-day and the fact helped to anugment the crowd. It was in the shape of a photograph of pretty Emily Davidson, the muruered woman, “en deshabille,” and some com- promising le ters that passed between the dead woman and old man Werrington, whom Davidson sued for $20,000 damages for alienating his wile’s affections. The picture and letters were passed over to the court and jury for inspeciion, bui were not publiciy exposed. Herein, as the evidence pointed, Isy the troubie, or the basis of the prisoner’s al- leged insanity. Several witnesses testified that he was a changed man after the dis- covery of his wile's infidelity, because it vrought on their sepa:ation and divorce. Davidson after this was irequently heard to speak of his wife in endearing term and on one occas on he was heard to sav he couid not tear her from his heart. He | repeaiedly tried to make up with her | again. It was shown that he had a prosperous busine:s be‘ore old man Werrinzston in- tertered with his happiness, and afterthis itdwindled to noiting. Several of the witnesses swore it was their opinion, from what they bad experienced of Daviison, hat he was crezy. They had Leari him complain of severe pains in his head, ana that he ima ined every one was conspir- ing ‘0 do him injury. On one occasion he thought hi< wife was | going to return to him and bhis spirits were greatly brighiened thereby. Duvicson continues to -keep up his cruzy appearance. He never utters a word or makes any apparent effort to note what is goinz on. Hi- counsel believe him ¢ ‘The defen-e wiil likely reach = resiing point to-morrow, SR E_CAPE OF 4 MURDERER. By Playing a Sharp Trick on the Jailer a Condemned Man Reaches the Woods. RIPLEY, Va., Dec. 3.—John Morgan, sentenced to be hangei Decomber 16, played a sharp trick on the jailer here last night, whersby he waiked out of jail and 100k to the woods, where bidoahounds are on his trail. A short time ago he soid a confession for Witn the money he bouzht 8 new suit of c.o'hes to wear on the paliows. Lastnight he madeadummy of his old suitand puti: to ved 1n his cell. Donning his new suit, he climbed on ton of the cell and lav thereunt | it was locked for the night. Then he escaped and was not missed until this morning. —eee KXEW TO-DAT! WHEN OTHERS FalL CONSULT WEANY If you are suffering from the resu!ts of indis- cretions of youth, or from excesses of any kind in maturer years; or i you have Shrunken Organs, Lame Back, Varicocele, Rupture, ex- baustive drains, ete, you should wasie no time, but consult this Great Specialist; he speedily and permanently cures all diseases of Men and Women. (Call on or write him to- day. Heean cure you. Valuable Book sent Free, Address F. L. SWEANY, M.D., 737 Market St., San Francisco, Cal. FAILED T0 PROVIDE FOR MRS. GOLLINS Judge Alien Grants Divorce to the Wife of the Fresno Ex-Preacher. Reccliections of a Divina Who Turned His Talents to Law 1 Practice. 1 Special Dispatch to THE CALL FRESNO, Dec. 3 —Alvena E. Collins was granted a divorce by Judge Allen in Los Angeles to-day. irom J. H. Collins on the ground of.iailure to provide. Coliins was formerly pastor of the Con- gre:ational church. in this city, but is now practicing law in Jerome, Arz As the pastor of the Congrecationalists of Fresno. | Mr. Collins becameé quite prominent. He served in that capacity for sbout three | years, coming here from Los Angeles. { He was very aggressive, and got into | trouble a number f times. He d's in- guished himself by delivering red hotser- | mons, and headed he fight to oust Armenian members of his co from the chiurch because thev did not take baths, and their personality was ob- jectionable. The Armenians’fought for what they con-idered their rightsas'good Christians; and .a conference washeld of the higher dignitaries of the. church .in.the - State. Houwever, beyond a lizht censure. Mr. Col- iins did Lot suifer by Ls aetion. The pastor. then. leit the pistorate and studied jaw. - He was. admiited. and opened an office in’ this city. ' He became involved in -some- shady transactions, however, and was indicted by tne Federal Grand Jury for -obstructing the aaminiss tration of the laws. ‘The friendsof the re- tired pastor hinally lost confidetice-in him, and he left Fresno to seek new fieids, set- tling in Ar.zona, Mrs. Collins left. her husband shortly after he entered upon the prictice of law. | She went to her. former home in Los READ NEW TO-DA w a C Ran a Rouleite Wheel ai Sklnnml‘k His Guesis—A Burlingam Joke—A good Bank Story, and thingsin the Looker-O. oter Tne Art Criticisa on the Botemian Club E 1he Editorial criticism of tie Club's Methcds. READ he crig—The Sports—Thy Edi- Board awd City The Sharp Thing Clever Hits in torials on the Schoo! Government—The Stories—iociety News—Theatrici Orit cisms—Per- sonal—Gotham Gossip, and 3.i:hi Paragraphs in TO-DAY’S NEWSLETTEA Weekly Call Angeles, and they have lived apart for about a year and a half. Had immature Veal. Chief Food -Inspector Dockery and Chiel | Market Inspector Davis of the Board of Health | made a seizure of immature veal at the res..| taurant of H. Falk at 112 Fourth street yes- | terday. 1 The calves, two in number, had been- pres [ pared fr use. to-day,and W chest when taken charge of. been issued for Falk's 1 | re’ in_ the ice- A warrant has KEW TO-DAY. Look out for colds At this season. Keep Your blood pure and . Rich and your svstem | Toned up by taking | Hood’s Sarsaparilla. Then ‘f You will be able to ' - | Resistexposure to which | A debilitated system | Would quickly yield. 3 | 3 (4 It ‘Publisties the Cream of the News of the Week and MANY ATTRACTIVE AND ORIGINAL: FEATURES. ITIS THE BEST WEEKLY PAPER ON THE PACIFIC COAST Lo The Best / Mining Telegraphic -\ News That Service on /X Is Accurate The Coast \&up to date kS Not 4 Line (fl Sensational or Faky;and Not a Line of it Dry ‘or - Uninteresung. SREr Brighit, Cloan; || A Chaipioatof | Thoughtiul. | Truth. ] I ¥ Il A CALIFORNIA NEWSPAPER AL THE TIME. ITADVOCATES: . | SENT BY HOME MAIL, $1.50 INDUSTRIES | A YEAR. thing GROJERY BULLETIA. Butter, choice creamery, square... 40c Eggs, our best fresh 40¢ Cheese, California cut 12’4, 15¢ Cheese, Martin’s N. Y -16¢ sugar, W. R., fine granu- lated, I8 1bs Lard, Jacob Dold 10 Ibs 75¢ Hams, Eastern fancy. 11¢ Beans, Bosto i white,20 1bs..25¢ Tapioca, best flake, 10 1b: 5¢ Coffee, Lion Roast, 7 1bs...$1.00 Tea, $1 value, Oolong 50¢ Raisins, loose Muscatel. 5¢ Mincemeat, our best, 2 1bs..25¢ Tomatoes, new crop,4 cans 25¢ Fine Prunes, sure to please.. 3¢ Brown Nutmegs $1, others 50c¢ Mustard, in oil, fancy pots..10¢c Salt, 20-1b bag, table, fine...15¢ Rice, Paragon table. 5¢ Rolled Oats, A.C.Co., 101bs..25¢ Whole Tomatoes, frying, 3-1b tins... Sugar House Drips, gallon SRS KRR, o I SR Flour, good Cal., bag........$1.00 Sardines., imported Le Brun. o Potatoes, fancy Burbank, 110-1b bag.... ..90¢ Canned Corn, new..8¢, 10¢, 12¢ Honey, 1-1b frames, our tanciest. G0.KIiG LESSONS By a noted teacher, given free next week. Announcement in Monday’s paper. 1898 CALENDARS FREE. B:autiful Calendars ready for free distribution next week. One goes with each| 25¢ purchase of a certain soap and one with each purchase of Sperry Flour. fancy, 10¢ DAWSON CITY Would scarcely believe these prices pcs- sible, yet they are a fact at our store. always for first-class, more than second-ciass prices. Don’t judge quality by price altogether. Try us. Every- ‘*Money-back.” prices are bringing us booming businass. Nutmeg Graters. Hammered BrassTrays 15¢,20c Egg Poachers, worth Bread Toasters, worth 23¢.10¢c Japanned Tray Coal Scuttles, 2 sizes Carvers, Carving Knife and Fork, OUR GOGKERY DEPARTMENT. Stop and léok—notice window display. All 1897 Fall Styles. No back numbers nor *‘cheap” goods. Bohemian Glass arrived. Genuine Bohemian Vases, Bohemian Cut Glass, pieces Bohemian Lemonade Sets. Selected China Decorated See: our Lamp Display, Decorated Lamp and Shade, Is fully equipped and in com- petent hands. Atomizers, the 50¢c and 39¢ Colgate’s Perfume, in boxes Seidlitz Powders, the 35¢ box for... -25¢ Pine Needle Lung Pro- tectors .50¢ White Pine Cough Syrup, @ WE CAY REDUSE YOUR LIVNG EXPZASES 20 PER GENT. Here select goods atno - Startling Holiday HOJSEHOLD BARSAIIS. 2¢; 5¢ 25¢ s, oblong, worth 50c:. 20¢ 178, 21c genuine - buck-~ hand!ed Knife; Fork and Steel, set guaranteed...$2.00 genuine buck handle: .8-inch 75¢, 9-inc '90¢ It’s worth coming to see. \%.I.I.l.l‘l. SHOROES Our import order of from.. 20¢ to $1.25 $1.25 to $2.50 Cups and Saucers.. 25¢ to 75¢ R ™ prices 25¢ to $6.00 --93¢ 18-inch, complete... o OUR DRUG DEPARTMENT kind, our price. -25¢ for presentation -25¢ 50¢ bottle... 35¢ CASH STORE, ¢ 25-27 Market St., San Francisco, NEAR NEW FERRY DEPOT. The Livest and Liveligst Stora in the Gity. All oar lines torminats hero. 7 big floors bu ging with goods at retail to cone sumers everywhere for Cash only, December List ready. 5