The San Francisco Call. Newspaper, October 24, 1899, Page 1

The VOLUME LXXXVI—-NO. 146, SAN FRANCISCO, TUESDAY, OCTOBER PRESIDENT KRUGER IN PERSON LEADS THE TRANSVAAL FORCE Atthe Head of Nine Thousand Men He Is Now Attacking Glencoe. Battle Being Waged Over the Ground Where the British Were Victorious on Friday and Saturday. S S S R o S OR S O = >—g PRICE FIVE CENT HE new charter is no longer a political issue. decisions in which there was not a dissenting voice. It is now the law of this municipality. was judicially established yesterday by the decree of the Justices of the Supreme Court in two One case that was instituted by Supe NEW CHARTER IS UPHELD BY STATE SUPREME COURT The Freeholders’ Election Decided to Have Been Properly and Legally Conducted. All San Francisco’s City and County Officers Must Now Step Down and Out and New Ones Be Chosen to Fill the Vacant Places as Soon as Possible. This 4| intendent of Strects Fragley, in which he attacked the validity of the late election of Frecholders 0 * o\ framed the-new charter and assailed the later election of the charter itself. — The other case related COMMANDER + 3 i = : 3 7 3 G5 S LT 36 Ledil S8 & | exclusively to the status of county officer Sheriff Martin, County Clerk Deane and other cor RANSVAAL | . L3 . o 4 o . ® Forces. ¢ | ficials brought action to determine that the county officers named were elected for a period of fou @® | »q 0 B . ity . r 2 . . b +| While neither case was brought directly to determine the validity of the charter, the issues nvolve . | made this point a wital one in the matter and the decision of the Juslices ¢ both questions. 1 The cases were brought against the Mayor and the Board of Election Commissioners to restrain > ALBERT|NA +| them from holding the coming election and to prevent them from appropriating money for that purpose. ¢ i\ )¢ In the lower court the plaintiffs lost and the higher court holds that thebondholders election and the char- . &| ter election were legal and valid. Hence the charter stan This also disposes of the case brought by + | the county officers who sought to retain office until the expiration of the four years for which they e @ bet 4 . ~ s - £ b £ )i 3| elected. The higher court decided that all county officers must go out of office and new ones be elected to fill B ©| the places, as provided for under the new lazws of the city. ] ; The leading opinion was written by Justice Harrison and concurred in by Chief Justice Beatty ¢ | and Justice Henshaw. Another opinion was written by Justice Garoutlz and concwred in by Justices 2 i’ | Van Dyke and McFarland. In both opinions the same conclusions were reached, but by different pro- ) &| cesses of reasoning. As for the opinion in the case of the county officers Justice Van Dyke has the honor ' * | of being its creator and all of the Justices agreed in the findin This is one of a = few instances ) o | where the entire court has been unanimous in an important matter. The three opinions are as fol : P! - Y i with the act relatir o the election of Free- | amended involves te i HARRISON'S {,,J.,n- e | * ‘ ¢ 2 DECISION ON ! of vt ea. i e + g estimates 750, e s possible. | | Meaning of . P THE CHARTER | Superfor’ Court ‘rendered judgment n fa: | | = ng . | vor of the defendants, and from this judgment | | ¢ AL ST . == Ord6y GeRYME & mew Lrial the PIRTACiE Ehe Wordss D¢ KILLED AT GLE NCOE.OCT. ® In Bank i has appealed. | {Municipal Affairs. | {| | Fragiey. appeliant, vs. Phelan et al., respond- | The grounds urged in support of the appeal | e L s e e L L L B T e e e e : I | Francisco directed that an election for Free . ! * | holders to {rame a charter for t rt“‘»’l‘l\h'gxy\:!‘ elections for Free- ? 4 | SR iteen Frecholders having beeh chose ‘ Grounds Urged s [iholinsiend oo ¥ : he directic g ntormk ¢ t 3 | amyclestion DI, SELEE oPSLetn Commic: | | the Appeal. 1y with the prov R 9 | aloners, on the 26th day of May, 1595, and, ha instead of un . t g ¢ | ing recelved a majority of the v SR o PR the svisionss of | eléction, was approved by the Legislature on the tited | & | e ity A. D, 1609, UDEr & PM~hAn mot to regulate tha resisty oter 4 4 | Vision therefor In ihe charter, this Board of | and to secure the purity of e g v | Electlon Commissioners has directed that an | city and county of San Francisco, passed ® | election be held on the 7th day of November, | March 18, 1875, they were invalid, and that the b 4 | 1899, to Al certdin offices named in the chart opted thereat was invalid, and con- | & | The plaintiff herein, a taxpayer of the cit fers no_authority to hold 'n for the ® | county, brought the present action to en, offices therein named. The particulars in which )6 + ! certain of Its officers from incurring an the invalidity of the elections is v ? pense in holding said election and from pay the ard of e sion had no @ | qut or disbursing any of the public monevs authe eleotion precincts, 1 any expense that may be Incurred in holding | or to omit precinct reg A that thivy > | the election, upon the groun t the elections | d4id not appoint pre yoards for the 1 St which the Freeholders were chosen, and upon | precincts in which t ol ¢ | the adoption of the charter framed by them, g conferred upon it b ] ® | were illegally held, and,that for that reason i was a Tramied’ by k3 @ ! the charter, never having been legally d, ey, ong, o | was invalid 6 ection Commissioners | charter of that city and . 3¢ ¢ caused the city | e nd county to be oft ¥ felistricted ' into )¢ ¢+ | | Districted Into ‘ ;’,’,‘,f‘:‘,;'.: * 14| | Special | election, and con apGosialy stopied THE SCENE OF ACTION IN NATAL + | | Election Precincts.| St e 5 Siature S prokte By geners $ & &1 | e peeiony) {owns herstofor 5 . Shich the city | hereafter organized, and all Az..u-v»-rg! thereof % B+ 290000000000 P EOEDIIED D000 0160000000000 0+000-000+0000000040+0000000Q]| nad been divided | O o Ak cantroled by | Ciseiing o -making 2 , ) g general la de vs. Election Ci A city cannot claim to be exempt from ge: N — 2 H H | ssioners, it was said t eral laws relating to irs it 4 i ONDON, Oct. 23.—The Daily News publishes the following dispatch e9050000900000 00! nissioners, 61 Call 2l 1t was said t o oans i menial alistes I § _ from Ladysmith, dated Sunday night: eeneral Taws s the. I Shalt eimer, | coatter ur b iLis acting, whether B (] hi % : | | other t e for the 1 ion, A large force under Commandant General Joubert and Com- Totion LiEn e e mander Vogan opened fire on Dundee yesterday. wued to-day. The result is not known here.” The firing was con- The Daily Telegraph has received the following from Ladysmith, dc ted Sunday at 2:10 p. m.: The Boers, reported to be 9000 strong and under the command of! Commandant General Joubert and President Kruger in person, are again -day attacking Glencoe. “General Yule, commanding our troops, has moved his camp back into a better defensive position.” patch from Lad: 1l repetition of the Cape Town-Glencoe n, advices of on. Natal, dated 4:15 vesterday afternoon, has just been received. yesterday and it is regarded as some- ng has since been received respecting the result, especially when viewed in the V's statement that General Yule's force felt it necessary to retive from Dundee to eneral Yule evidently is in a-tight corner, as he now has, or had to face the main Boer army un- 1l Joubert reneral Hunger on Saturday wired that the departure of a couple of battalions of regulars, a mountain battery , 1, which is the British military base in North Natal. Iar Office received the following dispatch from General dated at Ladysmith Camp, 4:45 p. m. to-day: Yule tele; greatly relic a ed st evening. BELIEF THAT BRITISH | HAVE MET DISASTER | NEW YORK, Oct don corres “They sustained such lo war office wishes to walt ne the s of another favorable engagement before announcing them.” The World’s London correspondent The British Ministers deny knowl- of any European coalition against e World's Lon- big disaster ir al is \opre. | England. But the organization of a hended pondent hat ofm. | Special squadron and the ordering of the 1al ais : i it offl- | ) annel squadron to Gibraltar are suffi- e 1St eVENINg | cjont eyvidence of their intention to be: toem. Oenerale but on | prepared it Russia and France mean mis- consul fon bet 8 of the | chief. CRliloat w0, » t of Com- | The ifficult situation n Natal will af- mpDE, EE, Wak ed 1 them | ford the.dual alllance opportunity to de- frop i glouce ana. Per- | velop plans, but reliance is placed here on sistent rumors were aflont that those dis- | (ne apparent friendly feeling of the Kalser patches an : rse at|to keep the hostile powers in check. Sn Bt D J,:h,:‘now ELANDS LAAGTE D ine loavid’ foat e was WAS LOST AND WON peaten in the second action at Glencoe. He says: LONDON, Oct. 24.—The Daily Mail pub- General Sir George Stewart White, the British commander-in-chief in Natal, 'y detach part of the force which was victorious at Elands Laagte to his assistance. 1 detachment, however, will leave Ladysmith poorly protected against the threatened attack from the force to Elands Laagte left and 500 Natal volunteers to de- Further news, therefore, is anxious- George Stewart White, com- sraphed me yesterday evening that the wounded at Dundée were doing well.” the anziety regarding Glencoe, as the British there had evidently not been lishes the following descriptios | battle of Elands Laagte Ir:m ;‘Lsns'pe:l’:l war_correspondent, G. W. v s Laa_vsm,nh: G. W. Stevens, filed “The battle was a brilliant, suc;:)gs. The Boers numbered ;;{;:Plleat; | to , and probably h. o a5 s oanropa v had about 100 killed “The fight itself was like illustration of handbook mc!h:: e’;:;f(x:i?!: | represented doing its proper work to per- | fection. The Gordon Highlanders in their attack advanced in magnificent order. They were immediately saluted with g heavy fire, which told from the first. “Their major fell with a bullet in his leg, but as he lay where he fell he Iit a pipe and smoked placidly while the ad. vance continued. As man after man dropped supports were rushed Into the firing line, our men darting from cover to cover, srlcndidly led and ever advanc- ing. As ridge after ridge was won the Highlanders still found a new ridge con- fronting them, and thus they fought LONDON, Oct. 23. list of the British ca battle of Elands Laagte places the number of officers killed at five and the wounded thirty, and the num- ber of non-commissioned officers and men killed at thirty-seven and wounded at one hundred and seven- ty-five, the total number of casual- ties being two hundred and forty- seven. Ten men are missing. The following list of casualties among the Boers in the battle at Elands Laagte is given: GENERAL VILJIOEN GENERAL KOCK, captured; since died, GENERAL KOCK'S SON, killed. COLONEL SCHIEL (German offi- cer commanding the army), wound- and a prisoner. COMMANDER PRETORIOUS, Boer standards captured. kllled. | - wounded and wounded; prisoner. Several BRITISH CASUALTIES. The following is an official list of the British casualties at the battle of Elands Laagt IMPERIAL LIGHT HORSE. KILLED. COLONEL SCOTT-CHISHOLM, WOUNDED. E LIEUTENA LIEUTENA 2 LIEUTENANT NORMANS. SECOND BATTERY FIELD @R- TILLERY. WOUNDED. CAPTAIN CAMPBELL. LIEUTENANT MANLEY. STAFF CAPTAIN BROOKE, Sev- enth Hussars. SFIRST DEVONSHIRE REGIMENT. | : WOUNDED. @ CAPTAIN LAFONE. 0000000000 20000006 their bleeding way until the final ridge was neared, with nearly every officer down. “Then, slamming every avallable man into the firing line, Manchester, Devons and Light Horse all mixed, with bugles chanting to advance, bagpipes shrieking and the battle a confused surge, our men Continued on Third Page. FELL AT ELANDS LAAGTE An force extends through- of any s a out qualifying in_the absence the State, and, W deemed to intend that its uni ation in all and it was held in the cas> just cited th amendment to section 4109 of the Poli y which the time for the election of of > State, t rm par ANT HA i sU NANT GREE | | and county officers was m u [IRSEMANCHESTERREGIMEN g jciszierof Sav st te e WOUNDED. COLONEL CURRA CAPTAIN M LI CAPTAIN 3 TGGID CAPTAIN PALER. LIEUTENANT DANKS. FIRST LEICESTERSHIRE REGI same sors in each G. provision: and counties counties. By so doing it is manifest t | was the intention of the Legislature that its | we know judicially that it was the onl ¢! | and county in the State. To the extent, there. | fore, that these amendments are Inconsistent | with or variant from the provisions of the act | of March 18, 1578, the latter is superseded, and the city and county is subject to and controlled by the provisions of the Political Code. By the act of 1878 the Board of lection Commissioners was required to divide the city GORDON HIGHLANDERS. KILLED. MAJOR DENNE. LIEUTENANT FANTMOSE. LIEUTENANT MURRAY. LIEUTENANT BRADBURY. ty-nine and men wounded. First Manchester Regiment—Elev- the number of votes polled at any one pre- cinct to be not more than 200 as nearly as can solidate established precincts prior to the adop- commissioned officers and fifteen tion of the amendment to section 6 of, arficle men killed and fifteen non-com- missioned officers and sixtecn men wounded. for the last preceding election Into 94 special election precincts, and designated one polling- place within each of said special election pre- cincts, and held the election upon the adoption of the charter in the same precincts. Erior to the holding of each of said elections the Board of Election Commissioners provided for supple- mental registration at the office of the Regls- trar, at the City Hall, but made no provision for precinct registration. Prior to the consoli- datlon of the precincts, as aforesald, the board passed a resolution that the special election for Freeholders should be conducted in accordance tion. and unless that' amendment has taken from them this authority they must be held to have been authorized to consolidate the precincts for the purposes of the elections herein considered. In 1596 the above clause in section 6 of article XI was amended to read as follows: “Citles or towns heretofore or hereafter organized, and all charters thereof framed or adopted by au- thority of this constitution, except in munlicipai affairs, shall be subject to and general Tt by pellants that the elections for eeholders and upon the adoption of the charter proposed by them were ‘‘municipal affairs,” and were, therefore, not subject to or controlled by gen- eral laws, The construction of the section as laws." is contended the ap- thus , and making the | for | MENT. | provisions should be operative in Lo o The eity and county of San Francise < > as the only political vision of the State | SAEDDD, | Thion any board other than the Board of LIEUTENANT HANKA. | Supervisors had the control and management of elections, and as was sald in CHIEUTENANT COLONEL DICK e 1 oo " at C NGHAM. each general el MAJOR WRI Elections Under tion as convenl- CAPTAIN W | ths old ent, not to exceed CAPTAIN NE. ninety days. v | CAPTAIN BUCHANAN. State Laws. the amendment to CAPTAIN MIKELJOHN. | S LIEUTENANT FINDLAY. oy e aird LIEUTENANT GILLAT. H o ivide ehe ety | LIEUTENANT CAMPBELL. and county into election precinets ‘" LIEUTENANT HENNESSY. fore a general election as s conveni The following casualties occurred of the Code as originall among the rank and file: ® ra of Supervisors in eac cers—' ' from time to tims change W(I;‘I‘lsllded. galicr s alige SToniar 8 create new or nsolidate ‘rna\\lhfl)\l‘d Imperial Light Horse—Two ser- @ i geants and four troopers killed and Hetenor *the election precincts when once thirty-five non-commissioned officers ® | daries of e, ot her aneral election. Sec- :"‘d men wounded. One man miss- : Tlon 1126 was, however, amended in 189 to DEL read as follow "Ewenty-first Field Battery—Three ® | ‘The Board of Supervisors or other board gunners wounded, © | having charge and control of elections in each Forty-second Field Battery—Two of the counties and cities of the State may sunners and a driver wounded, Q| trom: ume to time change First evonshire Regl ] o3 create new, or consolidate many precincts as shall be sufficlent to make | en non-commissioned officers and be ascertained.” Under this section, as thus 1X ounded. amended, the zuthority of the Board of Elec- Gordon Highlanders—Five non- tlon Commissioners of San Franeisco to con- | XT of the constitution, in 1596, is without ques- | controlled by | | cable to jmprovement upon those sul in that city. tional power a B lders’ f the Legislature, charter from such provision in its r which fail f or by the become a veritah Under these that the exce pt 5 ad | General Laws ‘ Control {[ Municipalities. + is stibfect to and controlled by lating to munic of some provision of it exis is acting s it arter under wh municipal affy med by it adopted by authority cept 4n its municipal s n that each ¢ as well as the o precincts at which th a “‘municipal affal ment to the Polit been no provision in the chart ciéco relating to the o tion of election precinets, to and controlled by the ing in reference thereto. Political Code and county of these_elections, consolidation of purpose of these nower conferred upon the B Commissioners Inasmuch as the board had consolidate the precincts *‘from e city neral wa the power me to time,"" pe 2 | Authority to Consolidate : City Precincts. | e ¥ ity to consoll spective of th 2 adopt its provisions in this basis of consolidation, even though Legislature no authority to enact statute. Tt is unnecessary, therefore, termine whether this statute is obnox the charge of being special legislat! right respect as n, or whether it was within the power of the Legls- lature to enact. The provision in section 1120 that the pre-