The San Francisco Call. Newspaper, January 4, 1898, Page 14

14 DURRANT'S LAST HOPE GLIMMERING His Attorneys Falil to Appear Before the Court. THE SAN FRANCISCO CALL, TUESDAY, JANUARY 4, 189S. N FAVORED hearing that would fall within the brief period Durrant has to live under the sentence. That it is the purpose | of Durrant’s attorneys eventually to! | 8o before the Supreme Court on a writ | | of error seems obvious. Mr. Deuprey | did not say so much yesterday, but | he and his confreres have precedent | for such action, and it may be in- | ferred from what mysteriously threatens that it i intention to continue Durrant’s defense after he has paid the penalty of his crimes. | While Mr. Deuprey endeavored to im- | part the impression that his client NEW TO-DAY. in the finisfi | would be rescued from the gallows at the eleventh hour, he was at a loss to suggest any legal process by which | such intervention could be accom- | | plished. His unvarying response to | every leading question as to how and | when the all-important steps were to | | be taken was: “I can't say just yet. I find that every time we teil what we | are going to do we find ourseives | balked. I can’t say; we are still in con- g 3 Al s o They Pay No Taxes, No City License. They Make an Appeal to Governor Budd’s Clemency. He Is Asked to Reprieve Dur- rant as a Witness in the Libel Suit. TESTING THE DEATH-TRAP Experiments of the Executioner in a Neighboring Cell Unnerve the Condemned Man. Z | his demeanor throughout, though he | 4///’ : re certain than the ex- | Struggles to maintain it. [ nts of San Fran- | o Nothing 15 o ot O R iess | Durrant’s father will attend the exe- | 'w"‘“fh’“h "f”}'“]h“ it s S somtiin gor, Durtant e =7 | cution. He is greatly exercised lest the | ¢isco who carry large stocks o | s Governor Budd grants a reprieve. | .umern preserve the closing scenes of | chandise, pay taxes on real estate and 24 Buch is the consensus of opinion | the execution, and he declares that he | personal property, give employment //fi? such is the belief of among lawy | able camment | | sultation and have not decided on our cours This was prior to the assault on the Governor,whose whereabouts was then unknown. The determination that no autopsy should be permitted provoked consider- of a nature scarcely necessary to quote, and will prove a disappointment to the scientists inter- ested in medical jurisprudence. The decision of Warden Hale that Mrs. Durrant should not be allowed to witness the execution of her son was received more favorgbly. She will be granted a last interview with him be- fore he is led to the death chamber. Unless this parting scene unnerves him | Durrant will occupy his last moments on earth with address to the wit- nesses of his expiation. According to the preparation he has made, he will reaffirm his innocence to the last and pray to God that the mur- derer of Blanche Lament and Minnie Williams may be discovered. He is los- ing the stoic composure which marked will smash every one he can find in the Privileged to Sell Goods in | Competition With Our Wholesale Merchants. License Collector Bonnet Stands | Ready to Proceed in Law Against Delinquents. A FAIR DEAL DESIRED.| Resident Traders Owning Large Stocks | of Merchandise Entitled to Some Consideration. tc many permanent residents and also X X AN executfon chamber. It is thought that professional photographers will be ex- cluded. themselves. The threatened sensational coup of the defense yesterday failed to put in an appearance. Nor did Durrant’s at- torneys fulfill the expectation that they would apply to Judge de Haven of the United States District Court for a writ of habeas corpus. | Before the prospect of a reprimand from the court they gracefully and | quietly withdrew. As this is the first occasion on which they have recoiled from their well advertised plan of procedure it was regarded as proof that they had exhausted their skein of | technical threads, likewise the pa- tience of the bench. the Durrant: pay a license for the privilege of | transacting business in this city have | a just grievance against many agents | of Eastern manufacturing firms. San Francisco is to-day overstocked with Eastern curbstone brokers—men whose i | offices are in their hats. They contri- Creaking ol fthe ibeath | bute nothing to, speak of to the sup- Trap. port of the municipal government. A SAN QUENTIN PRISON, Jan. 3.— |few of the most prominent pay the Durrant is beginning to show signs of | small license of the manufacturer's ] o o N SR = NN RN N SN QAN |HE COUNTS THE HOURS. ?Durr'ant Is Unnerved by the DS N I N 2N S THE EASTERN AGENT A HARD BIRD. With the New Year a Straight Talk on Clothing. The attorneys consulted in the fore- L e e e b ; they consulted again in the “The Eastern agent is a har rd to catch. e claims tha e = " afternoon. | Mr. Boardman was absent | stock he carries consists of samples, and under the decision of the There’s clothing made to sell, and made to wear. from these meetings and was reported courts no license can be imposed. Once in a great while I catch one . . ™ _ e o to have 1eft the ity Saturday. No|§ of them napping, and then the most I can do is to impose & merchan- There must be PfrfeCtlon in cut, fit and—just as one knew where he had gone. Some |& dise license tax cn him. * * T am heartily in accord with any move- important—the trimmings. WE use SILK twist one skilled in telepathy finally | ment on the part of the merchants of San Francisco tocompel the East- ern agents to pay a fair and equitable license, and if the merchants want to test the law I am willing to make an arrest for that purpose.”— License Collector Bonnet, in an int erview. communed with him on his way to ‘Washington, whither it was affirmed he had hurried to ask the Federal Court for a writ of habeas corpus. It transpired late in the night that he was still in the city and had no imme- | throughout, and having a perfect plant, perfect sys= tem, you don’t know how perfect we are in the clothing ART till you try us, and then you stay with us. ORORL SRR nervousness as the hour of execution | agent, but most of them manage to diate intention of leaving it. approaches. To-day the condemned | escape all contribution to the revenues The fruition of the last dditrh con- | man had little taste for readmgd Hfi | of the city. ferences, in which Mr. Boardman did | paced the narrow confines of the death | - " ¥ Wot perticipate, cuie ‘Gowand the cltie | Ehambce Aloset froms S0t aholmest 1o | When commercial travelers repre- of the afternoon, when the other at- | rose from his cot early in the morning | Senting the leading mercantile houses torney representing Durrant and a | until late at night. His appetite has | of San Francisco visit Victoria, Port- bewildering museum of legal quib- | left him, and the food carried him by |land, Seattle or other coast cities they blings discovered the whereabouts of | his guards is taken away almost un- | do so under instruction from the homs Governor Budd, who is confined with In Our Sale This Week are Suits in Tweeds, Cheviots, Worsteds and Cassimz:res. Browns, Grays, Fancy Mixtures and Blacks, in Single and Double touched. Several times he took up his | concerns to respect -the licen di- : rheumatism at ‘the home of his niece, | Bible, but he put it away atter list. | Coicerns o respect the license ord Breasted Sacks. Good value for $12.50; now $7.50. 1010 Post street. With the Governor | lessly turning over its leaves for a | < 4 s Y s was lodged the pleader of Durrant’s| few minutes. | and not evade payment for the priv last hope, and, by the way, it proved | a revelation of ingenuity and persist- ence on the part of his counsel. Durrant had reason to be nervous. | e8¢ of selling goods in these places. In the room, next to where he lay, | This custom should be observed in San waiting to be led up the fatal thirteen | Francisco by the agents representing Made by white labor, kept in repair one year free; money back (as a pleasing duty) if unsatisfactory. WITH THE NEW YEAR A NEW DEPART- The substance ef the petition Was | steps to the death trap, the £allows | manufacturing frme o . that the Governor should reprieve | on which he will die was being tested. | pempenys P?N.shur s ant Ch c‘:\\_go: the condemned man, so that he might | The sound of the trap.as it fell could 3 € Boston, New be enabled to appear as a witness on| pe heard in the death chamber, and the | YOrk and other cities of the East. behelf of his mother in the $30,000 | Goomed man realized that all was be- | _Speaking on this subject yesterday MENT. For children, boys and youths we now ‘5” 1 hsuilt r del itigadms:hm-’“l;fir | ing put in readiness to carry out the | Grove P. Ayres of the house of Hol- Smyt t w contended S | order of the court. Durrant nodded | brook, Merrill l]’ri | to his guards when he heard the sound 3 | and told them he was ready for the | that agents representing houses in the e elbel action, 2nd therefore ihe|ordeal He then counted up the hours | Fast frém which we parchase large Governor {ah_ou{d stay ; the execution | he had remaining to live and said with | quantities of merchandise every . year until the civil suit could be disposed “In ninety-two hours I will | are selling goods in this marke:. These \ : | a smile, of. The Governor agreed to read care- | have solved the great problem.” agents simply come here and establish Soon after the Captain of the Yard, | & Stelson remarked: “It is a common occurrence to find show the latest styles in clothing. testimony was not only essential b vital to the cause of the plaintiff Sece Our Windows for a choice assortment of Gents’ Furnishings—we are selling them at cost. 7 fully the documents in the case, but | beyond that assurance vouchsafed no | g intimation of clemency. Here the question as to whether Durrant will hang according to law next Friday or secure a further exten- eion of life rests. the courts and the possibilities of le- gal procedure he has no hope. It is pretty well understood that the securing of a writ of error from the Federal Supreme Court would not necessarily procure a stay of execu- tion. This device has been tried un- successfully in other instances. The court, while it would not issue the supersedeas, could not set a day for NEW TO-DAY. : Our Tles furnishing for department is always a two busy place but we want bits Not every man in town to buy his ties bit i s . ey Weve .. marked 2¢ down cents is the price 1 lot R fomake .. 1 1un wer DOLHEM cnoevens: ROOS BROS 27-37 Kearny corner Post m | nound Cough Syrup; foc. 437 dgar, visited the condemned mur- | derer and chatted with him for about | an hour. Durrant talked of the days of his chjldhood, and told a few remi- Tn the horizon af | niscences of the happy times he had spent in Toronto, where he was born. | For some time after the captain’s visit [ | he was more cheerful, but toward night, he again became restless, and frequently held his hands over his ears as if to shut out the sounds made by the executioner in testing the fatal trap. Cell No. 23, which Durrant occupied when he was numbered among the convicted men in murderers’ row, is as the doomed man left it when he was taken up along the stairway to the death chaimber. Not a paper has been touched, and only the books the mur- derer asked to have with him until the final hour were removed. The prison officials said they left it that way for Durrant’s reception should he be brought back to it as the result of another stay of executiom. A special lock was put on the cell door, and the warden holds the only key which will give access to the thick walled stone cell. Sl o CREMATION REFUSED. Arrangements Being Made for the Burialof Durrant’s Body. 0 A report was current to the effect that arrangements had been made with the authorities of the Odd Fellows’ cemetery to have the body of Theodore Durrant interred there. In speaking of the matter one of the officials said: “There have been no arrangements made to have the body of the now famous criminal of the belfry interred in this cemetery, nor do the family own a plat here. But the fact of the matter is this: Durrant’s father did desire to have the body cremated at our crema- tory, but remembering the notoriety #ained by interring the body of Golden- son here, I thought it best to consult with our chief officers, and I found my- self under the unpleasant difficulty of informing the elder Durrant that we could make no such disposal of his son’s remains should the full decree of the courts be carried out.” It was later learned that the firm of Porter & White has a contract for the disposal of the remains of him who has been termed “the criminal of the cen- tury.” In speaking of the matter, an official said: “I amnot at liberty to state what arrangements, if any, are being made for the disposal of the body of | Durrant; but this much I know: When the date for the execution was form- erly set we had a contract to bury the body in the family plat; in some ceme- tery, but what cemetery I do not know; but I think you will be safe in saying that it is Cypress Lawn Cemetery. “So far as I know, the remains will not be cremated, but will be burfed. I know that an attempt was made to make arrangements to have the re- mains cremated at one of the local crematories, but 1 am under the im- pression - that the authorities of the cemetery positively refused to make any such agreement.” ———— For throat, lung troubles, Low's Ho: sl an agency, or put up temporarily at some hotel. They pay no rent worth | mentloning; they pay no taxes and do not carry stocks of goods. They go from house to house In trade and from town to town and solicit. The custom is not confined to the hardware busi- ness, but extends to dealings in boots and shoes, dry goods, liquors, provis- ions, produce and other lines. When there is ample production or overpro- duction in the East and large quanti- ties of goods of a certain line are on hand San Francisco is used as a dumping ground. The goods are sent here and sold at a discount, which | brings the figure down to the actual cost of production.” | These transactions of everyday oc- | currence have notescaped theobserva- tion of A. A. Watkins of W. W.| Montague & Co., F. W. Van Sicklen | | of Dodge, Sweeney & Co., A. C. Rulof- | son of Baker & Hamilton and the representatives of many other leading | | wholesale houses of the city. The method of solicitation is carried to such an extent that the agent will get retailers to the number of seven or eight to join in ordering a carload | of goods, so that the lowest figure of transportation can be obtained. Even eggs by the carload are brought to the city consigned to draymen, who de- liver the packages as marked to_the | several retail merchants joining in the enterprise. | It is acknowledged that competition | is the life of trade, but our wholesale merchants, who are here established, | and who are taxed to pay for police | and fire protection, for schools and | municipal conveniences, should be pro- tected against unjust competition. The fact was brought out incidentally at a session of the State Board of Equal- ization in Sacramento that one large | Bastern corporation did a business in | | San Francisco amounting to $1,000,000 | a year, and that the only tax paid | was a municipal license. Every day cash returns of sales were made to | the home office, hence there was no money in bank or in possession of the ; agent of the corporation here to be as- | sessed. | The volume of business daily trans- acted in San Francisco by manufac- turers’ agents is immense. There is no way to approximate it in dollars, | but the fact is obvious to all who come | | in competition with the agency sys- | | tem that the curbstone brokers are | | not compelled to bear the burdens of taxation which the law imposes on | | resident merchants who carry large | Stocks of merchandise and conduct | business according to legitimate forms | of commerce. Primarily the manufacturer’s agent | was stationed in San Francisco to be | near the wholesaler, and to bring the merchant into closer relation over the | wire with the manufactory. It was | | the idea that the agent should herald the superior worth of his own wares, | but that the trade should be supplied | | through the resident wholesaler. As | competition grew sharper the agent | ran down to Los Angeles and up to Victoria, soliciting direct orders at these places and at intermediate | | points. This direct business becoming | | profitable the idea of extending opera- | | tions to retailers residing in San Fran- | | cisco was grasped. Having no stock | | of goods to be assessed, no store rent | to pay and getting goods in carload lots for distribution to varidus retail- ) can be imposed. ‘I department. No sentiment about it; just a keen way of advertising this MILLS POWELL % . N. WOOD & CO COLUMBIAN WCOLEN 718 & 722 MARKET ST EDDV | ers he was in a position to get a large trade. Remonstrance was made by resident wholesalers to the Eastern manufacturers, but the latter replied: “If you cannot sell our goods, we must get some one else to sell them.” It is the sentiment of the mercantile community that the Assessor and Li- cense Tax Collector should find some way within the law to make these de- linquent brokers contribute something to the support of the city government. The Call will ascertain and _publish the names of these brokers and agents who are daily soliciting and receiv- ing orders and at the same time re- sorting to tricks and devices to escape the Assessor and Tax Collector. License Collector Bonnet does not hesitate to say that the merchants of this city have been long suffering from the present unjust and unequal li- cense tax laws. “It is a shame,” said he yesterday, “that ourmerchantsshouldbecompelled to pay license for conducting their bus- inesses in addition to paying for store rent and for hire, and then allow East- ern agents who have their offices in their hats, or in a small office at the most, underselling and undermining them. There seems to be no protec- tion, under the existing laws, for the local merchants. The Eastern drum- mers come here, sell their goods and skip off without contributing a cent of | revenue to the city.” “Is there no law to compel drum- mers from other States to pay a license tax before doing business?”’ was asked. “If there is I am not aware of it,” replied Collector Bonnet. “I have care- fully studied the matter since 1 as- sumed the office of license collector,” he added, “and in addition I haye had the advice of City and County“Attor- ney Creswell. - He is also of the opin- ion that there is no way of reaching these Eastern drummers gents under the decision of the Ui tates Supreme Court in the case of Rob- bins vs. the Selby Taxing District. It was there held that the imposition of a license tax on drummers from sister | States soliciting the sale of goods by | sample was unconstitutional. court held that when the goods came into the State they could then be taxed the same as other property. Who, then, pays the tax? The local merchant and buyer, not the Eastern agent or drum- mer. B “The Eastern agent is a hard bird to catch,” added the License Collector. “The agent claims that the stock he carries consists of samples, and under the decision I quoted no license tax Once in a great while one of them napping, however, The | and then the most I can do is to im- | telephone message asking why I was pose a merchandise .- license tax on them. As an instance of how the law works, I will cite the case of a firm in the Phelan building that represents an Eastern hat manufacturing concern. The firm carries quite an extensive line of ‘samples,” and 1 learned that when one of its customers ran short of a particular style of hat and wanted to immeditely replenish his stock, he bought the ‘samples.’ I compelled the firm to pay a mer- chandise license. Such cases as these are rare, for the Eastern agent or drummer is generally too cautious to get caught selling any of the ‘samples.” I cite this case just to show how the law is evaded.” ‘‘Some years ago,” resumed Bonnet, “the merchants of California were in- strumental in having a law passed by the State of Nevada, * imposing a license tax on drummers from sister States. The law was tested with the result that the Supreme Court of Ne- vada decided that while a license tax might be imposed on local drummers, it was unconstitutional under the United States Supreme Court decision so far as the commercial travelers | from other States were concerned. to, stand in the.way of the._ needed | legislation,” resumed Collector Bon- net. I went after the railroad ticket agents to compel them to pay a merchandise | license in proportion to the business | they transacted. I found that I could collect a license for tickets sold for points within the State, but could not collect-on tickets sold for points out- side of California, as that would be in violation of the interstate commerce act. That is but another instance of Ithe inequality and unfairness of. the aw.” “Do the large Eastern firms carry- ing heavy stocks pay their licenses?” was asked. “They do not,” replied Bonnet. “The majority of them only pay when com- pelled to do so. There is Studebaker Bros,, manufacturing company, a branch of a-Chicago firm, with large offices and salesrooms at the south- | west corner of Market and Tenth streets. This company, although con- ducting an extensive business, has not paid .any license tax for five or six years. In looking over the books of the License Office recently I discov- ered that the firm had until several years ago paid a merchandise license tax of $41 a quarter. I found that the firm was delinquent over $800 and I made a demand for the back license immediately | “The interstate commerce law seems | ““When I took charge of the office | tax. A few hours later I received a | sentenced Saturd: bothering about the license taxes, as they had been regularly paid. I tele- phoned back that if that was the case 1 wanted to see the last receipt. Then came the answer that the receipt could not be found. I knew that there was no receipt in existence, for the books in the office showed that no license tax had been collected in years. I then wrote that unless the delinquent li- cense taxes were paid within forty- eight hours I would commence suit to recover the amount due. I was aston- ished when I received the reply. The agent answered that the non-payment of the license tax had been an over- sight and that the larger portion of the delinquent tax was barred by the statute of limitations. He was willing to pay a merchandise tax of $195 for the last two years, however, that be- ing the amount he figured due on the sales for that period. Accompanying the letter were sworn statements showing that there had been a great falling off in the business of the firm from the time when $41 a quarter' was paid as a merchandise license tax. Acting under the advice of City and County Attorney Creswell I accepted the amount tendered, reserving, how- ever, the right to sue for the balance due the city. To say that I was sur- prised when a large firm like Stude- baker Bros. would plead the statute of limitations is putting it mila “From the cases cited,” concluded Bonnet, “you can readily see the dif- ficulty experienced in collecting any- thing from Eastern firms, agents or drummers. There is an ordinance pro- viding for the collection of licenses from drummers, but in the face of the higher court decisions I am advised that it is unconstitutional. I am heart- fly in accord with any movement on the part of the merchants to compel the Eastern agents and drummers to pay a fair and equitable license, and if the merchants want to test the law I am willing to make an arrest for that purpose.” —_—— Wants Its Park Site. The city aud county of Santa Cruz has applied for partial letters of distribution m the estate of Jose Vicente de Lavega. This action is taken on the part of the applicant in order to gain possession of a tract of land known as the De Lavega Heights, which was bequeathed to the city and counity for a park site. Willlam Lee Convicted. ‘William J. Lee was yesterday convicted by a jury in Judge Dunne's court of as- saulting Harry Golden with intent to commit robbery. The prisoner will be ay. FOR LADIES ONLY! Many sales are going on after the 1st of January, but nothing can be compared with the bargains offered » TO-DAY —AND— ‘TO-MORROW In all my stock of JACKETS, SUITS, SILK SKIRTS, WAISTS, ETC. Before purchasing come and com- pare my styles, the quality and fit- ting of my Garments, which are far superior to ANY OTHER HOUSE in the city. Everything HALF PRICE—must be sold in 30 days. Come and see for yourself in my windows. ARMAND CAILLEAT, Cor. Geary St. and Grant Ave. CHRRRGH GLADDING. MCBEANS.CO. SN FRANCI Seo