The San Francisco Call. Newspaper, May 26, 1899, Page 6

i MAY 26, 1809 | JOHN D. SPRECKELS, Proprietor. | Address All Communications to W. S. LEAKE, Manager. PUBLICATION OFFICE . ...Market and Third Sts. S. F Telephone Main 1865. EDITORIAL ROOMS. ..217 to 221 Stevenson Street Telephone Main 1874 | DELIVERED BY CARRIERS, 15 CENTS PER WEEK. Single Coples, B cents. Terms by Mall, Including Poetage: DAILY CALL (including Sunday uall), one year. DAILY CALL (including Sunday Call), ¢ month: DAILY CALL, tincluding Sunday Call), 3 monthi DAILY CALL—By Single Moxth 85¢ BUNDAY CALL One Y . 150 WEEKLY CALL, One Year . 1.00 All postmasters are authorized to recelve subscriptions. | Sample coples will be forwarded when requested. OAKLAND OFFICE.......... ...908 Broadway NEW YORK OFFICE Room 188, World Building C. GEO. KROGNESS. Advertising Representative. WASHINGTON (D. C.) OFFICE.........Wellington Hotel | C. C. CARLTON, Correspondent. CHICAGO OFFICE . ..Marquette Building C.GEORGE KROGNESS, Advertising Representative. BRANCH OFFICES—527 Montgomery street, corner Clay open untll 9:30 o'clock. 387 Hayes street, open until 9:30 o'clock. 621 McAllister street, open until 9:30 o'clock. 615 Larkin street, open until 9:30 o'clock. 941 Mission street, open until 10 o’clock. 2291 Market street, corner Sixteenth, open untll 9 o'clock. 2518 Mission street, open until 9 o'clock. 106 Eleventh street, open untll 9 o'clock. 1506 Polk street, open until 9:30 o'clock. NW. corner Twenty-second ana Kentucky streets, open until 9 o'clock. | | AMUSEMENTS. Columbia—""The Moth and the Flame."” Grand Opera House—'‘The Gypsy Baron.” Orpheum—Vaudeville. Alcazar—"In Mizzoura."" { Tivoli—"The Mandarin." | “hutes Zoo and Free Theater—Vaudeville every afternoon | and evening. Olympla—C reets—Specialties. | , Market street, near Eighth—Bat- | | 1 Quartet Concerts to-night. | ete. res and Twenty-Fifth streets, | orrow. | Do and Cirens to-m AUCTION SALES. aston, Eldridge & Co.—This Day, at 10:3) o'clock, Fur- 803 Van Ness avenue. | THE STATE FAIR. HE president of the State Board of Agriculture | has addressed to the Supervisors of each county | and municipality within the State a letter in re- | 1 to the State Fair to be held this year that de- ves the most earnest attention and invites prompt He proposes that, in addition | local exhibitions shall SO 45 1d intelligent action. f 2 te agricultural and industrial products, ; be a complete representation not a whole but of each of its parts. } ggestion is apparent at iled information contained | in the ilities for which the most | ample preparation has been made it can be e:mly;' and effectively adopted. years, extending b: almost to the date of our ad- | on into the Union, have been notable events in | From year to year they have illustrated | our progress in stock-breeding and in staple agricul- tural productions that are not peculiar to any locality. It has been surprising to observe the amount of capi- science and of methodical industry, that have fornia to the imprcvement of | horses, catt 1 other domestic animals, and to | the diversified lines of agriculture and horticulture. | This State is in the extreme West, but in these most | important elements of natural wealth, in the rapid in- | troduction and use of important inventions and in the adaptation of the best methods of cultivation to | unique conditions, it has not been surpassed in the | East or in the South, and it is in advance of nearly | if not quite all the commonwealths on the Pacific aldei of the Missouri River The Berkeley University has been an important factor in the scientific development of our agricul- tural and horticultural systems, which are steadily ad- | vancing. The State Fairs have also been supplemented | by County and District Fairs. But it is now intended | that our central annual exhibition, which has the | prestige of age and of uniform success, and attracts | visitors in large numbers both from within and with- | oitt onir ows Boundaries, shall'be periectediby the op-| portunity of every locality to display its own special | claims. There is scarcely a county in the State that, in addition to its participation in general branches of | production;does not possess some features of industry ‘ peculiar to itself or in which it has become con- The artistic presentation of these attrac- tions, according to the admirable plan to which we have adverted, will constitute a series of invitations | to the right class of immigrants, who will thus be | enabled to choose localities for settlement adapted to | their individual preferences and experiences. It will | also stimulate that generous rivalry which is divested | of the meanness of some kinds of competition, and | which is among the most effective superinducing causes of solid and durable progress. The mining industry on this coast is of great and | increasing consequence. There are many other fields of enterprise that demand and receive constant atten- tion. But.it must be remembered that horticulture agriculture still retain their pre-eminence throughout the United States, and are the solid foun- dations upon which trade, commerce and manufacture m all their substantial forms securely rest. The re- sources of California, aided by an incomparable cli- mate, are inexhaustible, and in themselves are ca- pable of sustaining a vastly multiplied population. It is gratifying to observe that, in the midst of our Asiatic and imperialistic projects, they still command the close and unrelaxing attention of many of our best citizens. The State Agricultural Society will unquestionably receive the co-operation it has invited from the legis- lative bodies in each county and municipality to which this latest communication has been addressed, and official energy locally exerted will effectively aid in marking the State Fair of 1899 as a distinct advance upon its predecessors. The influence of the State could not be more beneficially exercised. our history | spicuous and Massachusetts has developed a candidate for the Speakership in the person of Congressman Moody, and it has become an evidence of culture in Boston to give him a boom and declare him an improvement on Tom Reed, and thus does New England continue to show the country how to do politics for all there 1s 1n 1t. The Denver man who, finding he has but one lung left, went to Chicago to breathe it out in song and revelry, is hardly to be accounted a wise man, for had he made a bee line to Los Angeles he might have taken rank among the aristocracy of the city and so expanded his chest with pride as to give the other lung a chance. 1 | tion, except to ascertain that actual confiscation T dox. Nevertheless it was simply the first organized | expression of the universal and ineradicable desires | ! his personal advancement and in all his external as. THE SAN FRANCISCO CALL, FRIDAY, MAY 26, 1899 RAILROAD AGGRESSIONS CHECKED. N the article published in The Call of the 18th inst. entitled “Judicial Legislation” we expressed the opinion that it was very doubtiul whether the Cir- cuit Court or the Supreme Court of the United States would sustain the extreme view of the judicial power ®o control the action of State Railroad Commissions i1 the regulation of freights and fares that had been claimed on behalf of the Southern Pacific Company for the decision of Judge McKenna on the application for a provisional injunction in the grain rate case. We then urged the view that the extreme limit of the 2uthority of Federal tribunals in respect to such ques- tions was the right to look into the facts just far enough to determine whether some discretion had been exercised by State commissions or by any other bodies invested with the duty of compelling fairness toward the public by such grasping corporations as have endeavored to control transcontinental and, in- deed, internal transportation facilities. There are many precedents to justify the conclu® <ion The Call adopted, but for years there had been a distinct inclination toward the absorption of ad- | ministrative functions by the Federal judiciary, which, | however, to quote our own language, had “at least scented the danger we have pointed out.” Within the last few days the Supreme Court of the United States, in a powerful opinion written by Mr. Justice Harlan, has definitely and finally corrected the abuse which has excited so much apprehension. The case was a controversy about the establishment of water rates by National City in San Diego County, and will have a special interest for the Spring Valley Water Works as well as for Mr. Huntington. It was claimed by the San Diego Land and Town Company that the rates fixed by the municipality were unreasonable and deprived the company of a just return upon its«invested capital, just as in the grain rate case the railroad insisted that the rates it had established were fair and beyond the reach of the Railroad Commission, when it was not controlled by Mr. Huntington and by Mr. Herrin. this proposition, as it was presented, was the demand that the Federal court should itself in substance and in effect pass upon the-entire issue, so as practically | to usurp municipal functions. This doctrine Supreme Court of the United States has clearly dis- avowed and has sharply rebuked. It is now the con- trolling law of the United States, placed beyond the possibility of evasion or equivocation, that the Fed- eral tribunals will not interfere in the regulation of any rates, whether of water or of railroad transporta- of property has not been the result of the action of ad- ministrative bodies, constitutionally or legally trusted with duties of that nature. There have been other and drastic judicial decisions lately that affect monopolies like the systems, national | |and municipal, that Mr. Huntington places in antag- onism to the public interests. have alluded, however, upon the point it covers, needs no support. It is at once just to corporations and to the people, and will be hereaiter cited as a deadly blow administered to corporate rapacity and inso- lence. —— Beiore the people approve of an extra session of the Legislature they will have to be well assured the ex- Theke'S A= e : | These State Fairs for many |\ .5 5re not to be set up in the interest of Dan Burns and paid for out of the State treasury. AMERICAN ALTRUISM. HE Government of the United States when and as it was established was not only unique but by European imperialists it was regarded as a para- of men. It rested upon the full recognition of in- alienable human rights, unrestricted to class or race, and enumerated in the Declaration of Independence. Its motive power was the sovereignty of man, con- trolled by the essential moral law and unlimited e> cept by social necessity. Its theory was periected in- dividualism. by the founders of the American republic, compre- | hensively exercised two functions, capable of many subdivisions but one permanent and the other tran- sient. They were an established agency for the eco- nomical and effective transaction of municipal, State and national business, ‘in which individuals in their different yet harmonious relations were equally con- cerned and which they could not manage for them- selves. They were a restraint, both by suppression and by punishment, upon the evil propensities of men undergoing a gradual process of education and train- ing for the high functions of American citizenship. But the theory to be practicalized through our in- stitutions was that of perfected individualism. The belief of our creative statesmen was that the developed citizen would govern himseli and would need but lit- tle positive and extraneous law. It was assumed that he would woluntarily maintain the barriers to the exercise of his own will that were necessary for the fulfillment of the royal precept incorporated in fra- ternity. It was™sonsidered that men who possessed their own bodies, their own minds and their own souls could live their own lives and work out their own des- tinies without clash or jar with each other and breath- ing the pure air of liberty and rooting their characters in the clean and fertile soil of uplifted civilization, could best fulfill their personal, their domestic and their social obligations. American altruism, therefore, is the natural product of the American system and has its basis in individual- ism. The perfected citizen will be the perfected neigh- bor, and, retaining his own distinctiveness, will most cffectually secure the co-operative results, for which socialism vainly strives. It is barely possible, but highly improbable, after more than a century’s vindi- cation of our national experiment, illustrated notwith- standing our failures and our inconsistencies by more than seventy millions of people peacefully and indus- triously existing under our constitutional government, that we are in danger of retrogression. But it is cer- tain, whether this republic ultimately destroys itself or stands far as the prophetic eye can reach for its own ideals, that it is the very antithesis of every so- cialistic conception. Not in their intentions but in their methods, socialism and imperialism are strik- ingly analogous. They both operate upon the same principle that leavens every consolidation that tends to extinguish personal rights and personal identity. C. P. Huntington in his expressed opinion conscious- ly or unconsciously has advocated intense forms of socialism. The Mongolian races in which a prevalent and monotonous type is scarcely disturbed by per- sonal characteristics but the faces of men can hardly | be separately distinguished, is a warning of the conse- quences that would inevitably follow the application of paternalism to our rugged and intellectual race. The East Indian Nirvana with its thrilling titillation of unconscious spirits would be an apt simile for a socialistic Utopia. The American ideal applies to natural and secular relations the deepest expression of all theologies— “The Kingdom of God is within you.” It is within the heart and the brain of the citizen that his appre- ciation of his own capacity and of his own powers, in Underneath | the | in- | The case to which we | Political institutions, as contemplated | self,” the more thoroughly is he fitted to fill his part ant, aspiring and expectant humanity. Wand to manifest their appreciation of the value common sense which is gne of their most salient does not imply a sanction to all the freak schemes vertise themselves. schemes, but in the criticisth to which the movement papers in the East. That undertaking has unques- hereafter, it is right that he should have a mansion upon him as a gift. Nevertheless serious objections the scheme in a general way, says: ‘“‘But after all is we can do, but it is a very long way from perfect. It the population will join in the subscription, and, in | thing that nobody likes. Nothing can take away this Another objection which has been several times i‘due by the republic to the hero, it would not in any | cant to future generations. short of what is his due. been | his honor. The discriminating judgment of the pub- sociations must reside. The more completely he is in- dividualized, the more perfectly he is “a law unto him- in the grand drama of human progress and to identify himself with the onward march of self-poised, toler- —— THE FITTING HONOR FOR DEWEY. HILE the American people of all sections of the Union are eager to render honor to Dewey of his service to the republic, it is to be noted that their enthusiasm has by no means overcome the clear characteristics. Their willingness to support any movement tending to a fitting honor for the hero that have been devised by fake newspapers osten- sibly to pay tribute to the Admiral but really to ad- This discrimination on the part of the public is shown not only in the popular rejection of the minor to provide a home for the Admiral in Washington has been subjected by some of the most influential tionably many merits. If it be that Dewey’s duties are to require his residence in the national capital | worthy of his rank and his hospitality, and alto- gether proper that his fellow citizens should bestow it have been made, and some of these on good grounds. The Chicago News, for example, while commending said and done the affair will not be quite to the tdste either of the people or of the Admiral. It is the best | is called an expression of gratitude on the part of the nation. But, in fact, only an infinitesimal fraction of spite of all pretenses, the affair will remain a gratuity | bestowed by a comparatively few men—and that is a flavor, although it is certain that both the subscribers i and the recipient wish to regard it otherwise.” urged to the undertaking is that while a Washington | mansion would be a notable recognition of the debt | way serve as a memorial of his victory or be signifi- | It would be a provision | for the private comfort of the Admiral, and not for i fame or his honor, and to that extent would fall | No objections, however, of any kind have urged against the movement to erect a monument in lic perceives that such would be indeed the proper | and fitting way in which to commemorate at once the | greatness of the victory in Manila Bay and the pa- | triotic valor of the Admiral. To this undertaking, 1tl|ercfore, the common sense of the people gives full | | sanction, and it is received with an unalloyed ap- proval. It is to be noted, moreover, that Dewey himself has | to some extent approved a similar undertaking in his native State, inasmuch as he has said in a dispatch that the purpose of his townsmen to erect a statue of him to be placed beside the statue of Ethan Allen had been more gratifying to him than any other honor | that has been proposed. Of course the feeling was due to the love a man has for boyhood's home and the praise of those who are dear to him; but it is fair | to assume he would also find no little gratification in | a memorial raised to do him honor on the shores | of that great ocean where he achieved his mighty deed and won his lasting fame. NE of the subjects assigned for discussion by STATEHOOD FOR THE TERRITORIES. O the Trans-Mississippi Congress is that of the claims of Arizona, New Mexico and Okla- homa to statehood. The discussion will revive an | issue which has several times been presented at Wash- ington, and which has been dropped of late only be- cause Eastern Senators and Representatives were so much opposed to the admission of States that might send silver men to the Senate that the advocates of the claims of the Territories felt it would be vain to press the subject. The strong majority of sound money men now in the Senate will lessen that objec- tion, and it is therefore timely to give a thorough consideration to the issue. ‘ While a State government is much more costly than that of a Territory under our administrative system, and therefore is not to be hastily undertaken by poor and sparsely populated commonwealths, it has so many advantages that the people of every American Territory have been eager to assime the responsibilities and attain the privileges of statehood as soon as possible. Those of Arizona, New Mexico and Oklahoma are not different from others and have long been clamoring for complete local self-govern- ment. Their claims appear to be fairly well justified. The Governor of Arizona recently estimated the popula- tion of the Territory at close on 100,000, and the property is assessed for taxation at a value in excess of $31,000,000. The annual increase in the wealth even during the bad years just past has been above $1,000,000. Less than one-half the Territory is arable land, but over 250,000 acres are now under irrigation and large additional waterways are in process of con- struction. More than 800,000 cattle, sheep and swine feed on the hills; there are nearly 2,000,000 acres of pine forests, and the mineral output is not only large but is rapidly increasing. New Mexico has claims even stronger than those of Arizona. Her population is close on 300,000, and of these it is said 79 per cent can read and write. The irdustries of the people are various, and, while no recent statistics are available, it is well known that the mining and the cattle interests are extensive and profitable, and there, as in Arizona, irrigation is rap- idly transforming deserts into fruitful farms, gardens and orchards. Oklahoma is one of the prodigies of American de- velopment. Established hardly more than ten years 2go, it has now a population of about 330,000. It has a large area of rich soil, and produces abundant crops in great variety. It has considerable railway facilities and quite 2 number of flourishing towns have sprung up to handle its business and afford markets for its products, The issue is whether or no it be advisable to admit to the Union States which, while prosperous, are yet so unformed that the course of their politics is doubtful. There is danger that such States would be simply pocket boroughs for millionaire Senators more noted for their ability to corrupt legislators than for capacity to deal wisely with national affairs. It will be of course to the interest of the West to have the Territories admitted as States, but that interest must be subordinate to the general welfare of the nation. The question is in every respect an important one, and unless the objections heavily outweigh ar- guments on the other side, the Territories should be admitted and their people given every privilege pos- sessed by other citizens of the United States. l INJUNCTION 1S GRARTED IN THE GARBAGE SUIT e Judicial Victory for the Potrero Crematory. LT e CIRCUIT COURT TAKES ACTION e MUST DUMP THEIR LOADS AT THE CREMATORY. e Judge Morrow Decides That the In- stitution’s Franchise Is Valid and That Its Works Are Not a Nuisance. o United States Circuit Judge Morrow yesterday morning sct at rest several questions which have lately been troubling the scavengers of this city and their law- | vers. He handed down an opinion in the case of the Sanitary Reduction Works of | San Francisco vs. the California Reduc- | tion Company of Colorado, which prac- tically relegates the latter corporation .o the limbo of broken and shattered judi- cial timber. The California Reduction Company was organized some time ago for the avowed purpose of fighting the Potrero crematory and in order to be able to carry its dis- putes into the Federal Courts it incor- perated under the laws of Colorado. Its | first dispute with its rival garbage reduc- ing concern, however, seems to have re- sulted disastrously, since it appears that the decision of Judge Morrow yesterday practically declares against it on all mooted points. 'The_ California Reduction Company took | the side of the scavengers in their disa- greement with the crematory and offered to remove their garbage upon barges into San Mateo County and dump it. This | ceuld be done no cheaper than the crema- tory in the Potrero now burns the mate- rial, but it was anything to defeat the latter, and large uumbers of the scaven- gers joined the scheme and took their refuse to the barges. But the first load never left San Fran- cisco. The Sanitary Reduction Works ap- plied to Judge Morrow and obtained injunction against the removal of the ma- terial from the county, claiming that un- aer its franchise it had the exclusive right to destroy all the refuse of the city by fire. At first the scavengers resisted, but Judge Morrow fined a number of them for contempt and ever since then the barg: have been tied up to Warren & Maliey’s wharf, unusable and unused. Both companies then went into court. The Colorado concern denied all the cguities contained in the bill of the Po- trero company and asked Judge Morrow to dissolve the injunction. Some evidence | was taken and the lawyers argued long and vigorously. Yesterday Judge Morrow brought the trouble to a conclusion by re- fusing to dissolve the injunction and hold- all the leading points in favor of the otrero company. The reduction company claimed that the franchise of the Sanitary Reduction Works of San Francisco was invalid; that its business is a public nuisance and that in the interest of the people it should be suppressed. Judge Morrow decides that | the franchise is valid and that the wor are not a nuisance. As these two were | the points around which the litigation re volved their decision in the manner stated constitu a substantial victory for the crematory — company. Moreover, the court’s refusal to dissolve the injunction continues the embargo upon the barge iflcheme and practicaliy renders it use- ess. When it is considered that Judge Mor- row’s ruling proceeds upon the ground that the right to burn garbage in this city belongs to tha Potrero crematory it will be seen that the opposition to that method of disposing of it, whether ema- nating from corporations or individuals, is to all intents and purposes ended. S(Peaking of the crematory’s franchise Judge Morrow says that the fact that it was not signed by the Mayor after its sale by the Supervisors signifies nothing, since the act of 1893 Joes not require such signature. The court says: “In the case of the People vs. Board Supervisors of Contra Costa County California, 421, it was decided by the Su- preme Court of this State that a fran- chise for the construction and mainte- nance of a wharf should have been grant- ed under the act of 1895.” The court said, speaking of the act above quoted: “This language is broad in its terms. It is difficult to imagine language broader | in its significance and more explicit upon | the subject with which the act is dealing. It includes the franchise here before us.” And again: “It is insisted that the board | made a grant of the franchise under cer- tain provisions of the Political Code, and therefore it is claimed that the act of the Legislature passed in 1893 cannot furnish 3 test upon which to base a decision as to an exercise or non-exercise of judicial function on the part of the board in grant- | ing the franchise. This position cannot be | maintained. This franchise should have | been granted by the Supervisors under the provisions of the act of 1893." In the face of this decision of the Su- preme court responuents’ contention in regard to the invalidity of order No. 265 as based solely upon the act of 1863 cannot be sustained. Continuing, Judge Morrow says that un- der the constitution the Supe Ors pos- sess the power to abate nuisances and | protect the public health and in order to do this they may let a franchise to dis- pose of garbage or any other offensive thing. The cases of Alpers vs. the City | and County (32. Fed. 503) and National | Fertilizer Company vs. Lambert (48 Fed., | 458) are cited to suscain this doctrne. Moreover, the judgment of the Supervis- ors as to what is a nuisance is conclusive and they declare that garbage is a nui- sance and must be disposed of in a cer- tain way; that way must be followed and cannot be dengminated a nuisance In turn by the courts. Concerning the charges of the crematory Judge Morrow . says: “The law as established by the slaugh- ter-house cases, 16 Wall., 36, is clearly de- clsive as to the question of the right of a municipality to impose a reasonable charge for the removal of a nuisance, and it is not claimed in the present case that the charge imposed by the ordinance is excessive. The court in that case said: *‘Unless, therefore, it can be main- tained that the exclusive privilege grant- ed by this charter to the corporation is beyond the power of the Legislature of Louisiana, there can be no just excep- tion 0 the valldity of the statute. And in this respect we are unable to see that these privileges are especially odious or objectionable. The duty imposed as a con- sideration for the privilege is well defined and its enforcement well guarded. The prices or charges to be made by the com- pany are limited by the statute and we are not advised that they are, on the whole, exorbitant or unpust.” “‘Respondents maintain that their acts do not injure the complainant; but if com- plainant is entitled to the whole of the arbage created in the city and county of n Francisco, and such is its claim, it ie obvious that the continual shipment of 1t must necessarily pe injurious to its in- terests and to a degree which would ren- der an injunction pendente lite appropri- ate under the circumstances. “Let a preliminary injunction issue in accordance with the prayer of the bill of complaint.” e General Shallenberger Banqueted. Postmaster Montague and other officials of the local Postoffice gave a banquet last ‘Wednesday night in a downtown restau- rant to W. S. Shallenberger, Second As- sistant Postmaster General. Thirty-one guests were at the board, and they were e:nenalned with music and stereopticon views. | | 1 | The story of Funston of Manila and his very adventurous life will be told in next Sunday’s Call. | men nizances Wednesday would not appear in | broad | GROEZINGER LOCKS HORNS WITH WITTMAN e Says He Will Not Be Bulldozed. bk nel EXCITING SCENE o IN COURT PUTTING MEN IN “THE TANKS” HOTLY DENOURNCED. el Captain Seymour Refuses to Recog- nize the Orders of Captain Wittman and the Chief Supports Him. e . The ambition of Captain Wittman to show the Detective Department how to gather in bunko steerers with the aid of two of his men—Officers Cullinane and Chappelle—has brought down on his de- voted head not only the wrath of Chief Lees, Captain Seymour and the detec- tives, but also Acting Police Judge Groe- zinger, and the developments yesterday were highly interesting. ‘While the men were waiting for their cases to be called in court Cullinane and Chappelle arrested three of them, Wil- liam Golden, J. W. Simpson and John Reynolds and dragged them downstairs fo the City Prison. Reynolds happened to be in Acting Police Judge Groezinger's courtroom at the time he was arrested by Cullinane. When they reached prison the officers requested that men’s names should be entered on the detinue book. Captain Seymour happened to drop in- to the prison and asked why the three men were being put on the small book. Cullinane replied that it was by Captain Wittman’s orders. Seymour asked if they had any other charge except vag- rancy against the men and Cullinane ad- mitted they had not. Seymour then re- fused to allow the men’s names to be put on the small book and ordered the offi- cers to release them so that they could appear in court. Cullinane begged for five minutes to consult Captain Witt- man, but Seymour peremptorily ordered that the men be released. When their cases were called before Groezinger later Attorney Mack arose and said that he wished to make a state- ment in justification to himself. It had been insfnuated by the police that the released on their own recog- court, and their presence was sufficient to refute that lie. The statement had been made by Captain Wittman on the authority of an officer who had been a traitor to his friends, thereby getting position on the police force, and who was unworthy of belief. The officer had no character or reputation to lose, and a shame that on his uncorroborated atement caused by his anxiety to get into the upper office he and. the Judge should have been attacked by the news- papers. he Judge remarked that the o ! would never get into the upper offi | ~Attorney Mack then denounced the po- | lice for arresting men and putting ‘hem | back to the days of the Inquisition. Three | of his clients hagd been dragged to the | prison while waiting for their cases to | & called and an effort made to lock them which he declared was up in ‘“‘the tanks a gross outrage. | ® 1 have been roasted by the newspa- | pers.” said the Judg=, “for simply trying | to do my duty. Some time ago I fined a | man for having a nickel-in-the-slot ma- | chine in his saloon $100 with no alterna- | tive and at the instigation of the police was roasted for it. This morning the | Chief of Police asks me to do the very same thing in the poker cases and it just ows how a trick is turned.” “It was my suggestion,” said Carpen- ter, ‘in regard to the poker cases and not the Chief's. I merely spoke to him about it and he said as I had conducted do in the other cases would meet with his approbation.” "’IPhe Judge then turned his wrath upon Wittman. “I will not allow you to comg imto my court and iry to bulldoze me, he said. “You have a record that will not stand airing and when you order court awaiting trial you are trying on | bulldozing methods that will not be toler- ated. Neither you nor Chief Lees can dic- tate to me as to how « will run my court.” . Wittman said that he had no intention of bulldozing the Judge. The reason the men were to be placed in the tanks was because Officer Ross on Market street had teld him the men could be identified for having committed other offenses. He was not finding fault with the men being re- leased on bail, but with those released on their own recognizance. “I will exercise my own discretion, retorted the Judge, “as to such matters, and will do just as I see fit.”" “I guess you will,” said Wittman, and the discussion ended. Attorney Mack put up $0 cash bail for each of the five men and their cases were | continued until May 51. ‘When Wittman got outside the court- for_ getting him into such a scrape and said he would see that he and Chappelle were put on street duty again, Chief Lees said that Captain Seymour @id quite right in refusing to put the three men on the small book, as it would have been a contempt of court. He had brought the two officers before him and reprimanded them, telling them that if there-were other people to identify the men arrested they could have been taken to_the courtroom for that purpose. Captain Bohen said the men were all strangers to him_and the Detective De- partment, except Reynolds, who was once arrested for vagrancy. King had been ar-| rested by Officer Chavpelle, as the officer made it out that he had stolen ex-Attor- ney General Hart’s diamond ring, but it had been proved that King was not out- side the city at the lime. In Judge Graham's court the cases of J. Evans, John Hardy, B. Golden and James Fragley were continued till to-day and in_Judge Mogan's court the case of 3 King was continued till to-day and the case of James Gillespie till June 1. DID A CROOKED BUSINESS. Louis L. Starr Wanted Here and in Oakland and San Rafael for Grand Larceny. Louis L. Starr, a young man who is acknowledged to be one of the cleverest crooks that has operated here for some time, was arrested yesterday morning by Detectives Dinan and Reynolds and Po- liceman Heins and booked at the City Prison on a charge of grand larcen His particular business in this city has been to go to a_sewing machine agency and order a machine to be sent to a cer- tain house, having previously taken the precaution to call at the house and start arrangements for engaging a room. The machine would be sent to the house and Starr would call later with a wagon and Fet possession of the machine, explain- ng to the people in the house that he !:x;]d e taken changed his mind as to engaging room. The machine would be away and sold by Starr. The police were notified by the sewing machine companies and his arrest fol- lowed. He is also warted in Oakland and San Rafael, where he engaged on several occasions rigs from different liv- erst' men and sold them for what he could get. —_——————— Arguing the Pinole Case. The suit of J. B. Anders against the California Powder Works is now being argued and will probably be submitted for decision to-day. Mr. Pillsbury argued for the defendant yesterday and referred at length to the theory that the explosion at the company's works at Pinole in July of last year, which caused the filing of the suit, was brought about by extraneous causes which the company or its agents could not prevent, these extraneous causes meaning the acts of either a traitor or a * Soanish soy. as has been heretofore urged, the | the | it | cer | " Which he sald was gomg | Hansen's case so well anything I would | Vour men to arrest men who are in my | rcom he vented his wrath upon Cullinane | JPNESEDN TINDUSTAIAL AT EXHIBITION e Hiyei’s Officers Are Entertained. . GUESTS OF CALIFORNIA CLUB S MANY VISITORe AT MECHANICS' _ PAVILION. el e An Excellent Programme With Novel Features Has Been Prepared for This Afternoon and Evening. e The California Club’s exhibition at Me- chanics’ Pavilion yesterday took on a de- cidedly Japanese air. During the after- noon there was a Samisen player and & dancer from the land of the rising sun and in the audience a party of his Im- perial Japanese Majesty's officers from the training ship Hiyei, now in the har- bor. In addition there was an usually large crowd of well-dressed people, which was almost doubled during the evening. The programme for the day was ar- ranged by Miss Berry and Miss Hitch- cock, the ladies receiving being Mrs. John Russ of the club’s department of philan- thropy, Mrs. Ronald P. Gleason, Mrs. Charles D. Pierce, Mrs. James M. Costi- gan, Mrs. John H. Boalt, M Mabel Croft, Mrs. George B. Bayley, Mrs. Charles W. Forman, Mrs. Henry Weath erbee, Mrs. Robert Watt, Mrs. S. B. Mc- Lenegan, Mrs. Charles Yale, Mrs. Sara A. Reamer, Mrs. Emma Palmer, Mrs. R. A. Marshall, Mrs. Susan A. Brockway Mrs. Mary Knowles, Mrs. H. H. Kirby, Miss_Kirby, Miss Bertha Monroe Rick- off, Mrs. George E. Bates and Mrs. W. Frank Pierce. A short address on the position of the Japanese in the Orient was made by Pierre N. Boeringer. During the evening the Baroness von Meyerinck conducted a musical, with Ar- thur Ficke; her at the uiano. Among the soloists were M Maud Fay, Miss Caro- |yn I;(oper, Miss Elise Priber and Bradley Smith. Exhibits marked for sale in the various sections are receiving daily increased at- tention from discriminating buyers, and especially is this so in the section where needlework, lace and drawn work are displayed. The management is much gratified that it-can feel assured that the demand for the work of California artisans will be greatly stimulated through the exhibition, which sg soon comes to a close. The following programme will be ren- dered to-day: Guitar and_Mandolin Rose- Elliott, 1 uartet—Senor Ferre McCarthney, Mi frs. Martin Schuit: oberts, contralto; a Roberts. Evening— S| Etta Julia S| - "Kaighin. for the afternoon R. and evening will consist of Mrs. A. Cot- ton, chairman committee on cerami | ed by Mesdames Morris Newton, | ren, C. J. Kaighin, M. S. Ha Horey, Sylvia Brown, E. C. Bun | Norton Moor, William A. Plunk: R.¢.C. Poultney, Mathilda Grothwell, Willlam H. | Mills, Dr. othea Moore, Dr. Amy Bowen, | Miss 'S, L. Strickland. Ralph Neumann’s Estate. The inventory and appraisement in the estate of the late Ralph Neumann was filed yesterday. H. H. Haight, M. A. Huster and H. M. Covert, the appraisers, find the property to be worth $127,337. —_— e e——— Cal. glace fruit50c per Ib at Townsend's.* e Special information supplied daily to | business houses and public men by the | Press Clipping Bureau (Allen’s), 510 Mont- gemery street. Telepnone Main 1042, * S &S Hierer Again on Trial. John J. Hierer, charged with man- slaughter, was placed on trial yesterday before Judge Cook. Some time ago, while driving a brewery wagon, the defendant ran over and killed Mrs. Tsabella Finley at the corner of Pine and Larkin streets. e A Work of Art. The new book, ‘‘Wonderland the Northern Pacific Railway Company, s the prettiest publication issued by any railway company this year. It is full of beautiful haif- | tone illustrations, and contains besides a well- written descrintion of a trip taken over this finely equipped line, including a tour through the wonderful Yellowstone Park. Send 6c in stamps and it will be mailed to you. T. K. Stateler, Gen. Agt., 638 Market st., San Fran- cisco. ———————— “Mrs. Winslow’s Soothing Syrup” Has been used for fifty years by millions of mothers for their children while Teething with perfect succ It soothes the child, softens the gums, allays Pain, cures Wind Colic, reg- ulates the Bowels and is the best remedy for Diarrhoeas, whether arising from teething er other causes. For sale by Druggists in every part of the world. Be sure and ask for Mrs. ‘Winslow's Soothing S 25¢ a bottle. e ———— Rock 1sland Route Excursions. Leave San Francisco every Wednesday, via Rio Grande and Rock Island railways. Through tourist sleeping cars to Chicago and Boston. Manager and porter accompany these excur- sions through to Boston. For tickets, sleeping car accommodations and further information address CLINTON JONES, General Agent Rock Island Railway, 624 Market st., S. F. just issued by | COROX HOTEL DEL ADO—Take advantage of the round-trip tickets. Now only $60 by steamship, including fifteen days' board at hotel: longer stay, §250 per day. Apply at 4 New Montgomery street, San Francisco. —————————— To Dissolve the Trust. Action was filed vesterday in the Su- perior Court by William L. Shiels, pray- | ing for the dissolution of the trust under which 959 shares of the capital stock of the Shiels Estate Company are held. plaintif’s wife, Georziana Shiels. Sarah E. T. Shiels, his minor daughter, and En- ‘ewtald Peterson - being named as defend- | ants. ADVERTISEMENTS. Thin, pale and consum tive persons should wuse some constructive tonic that will enrich the blood, in- crease the nerve force and renew wasted tissues. Scott’s Emulsion is based upon scientific principles. We digest the oil for you by mechanical processes, thus strengthening your di- gestive organs by resting /them. It stops wasting, and produces energy, vigor and warmth. The hypo- phosphites in it invigorates the nerves, and brain tissues. soc. and $1.00, all druggists. SCOTT & BOWNE, Chemists, New York.