The San Francisco Call. Newspaper, May 10, 1900, Page 12

THE SAN FRANCISCO CALL, THURSDAY, MAY 10. 1900. RAILROAD IS NOT OUT OF POLITICS| Herrin’s Scheme to Elect Chair-| man of Republican State Convention. Control of the Executive Committee Is Desired. Republican Primary Election To-Day in Fourth Congressional District. of charac, uid be nven- she ate ¢ a elect power of ‘-,.u convention. It is well known ent McKinley will be renomi- . hence the Philadel- ss the charac- ation meeting. vere flled last nal f : com- ndergast. e following en nominated the Prer b H 2 Dhue,” John T. eth Assembly District—J. Roach, James and P. E. Johnson. District—M. J . J. Mullaily, cDon- Willtam C. B. Rode, ~James 2 Charles Mg- L. Farns- Kibbler, A A ~Charles llagher, istrict—W: Godeau, Peter rge and e term district nominating Bt the primary h Distric if they s ew 1s to the Fourth There Is also a District to prolong ressional committ nted st Jun mmittees conduct to the cam- 0DD FELLOWS DISCUSS THE THERMALITO HOME An Executive Session of the Grand Lodge—Degrees Conferred by Three Teams. g cation. krupt Compli ————————— Keeping Out the Japs. THE HEALTH OF YOUNG WOMEN Two of Them Heiped by Mrs. Pinkham —Read their Letters. “DEar Mgs. PINKnAM:—] am sixteen years old and am troubled with my monthly sickness. Itisveryirregular, ocenr: y ouce in two or three s, and month so very painful. I also suffer with cramps and once in awhile pain strikes me in the heart and I have drowsy headaches. If there isanything you ean do for me, I will gladly follow your advice.” —Miss Mary Goxes, Aptos, Cal., July 31, “ DEAR Mgs PINEHAM: — After receiv- ing your letter I began the use of your reme- //] dies, taking both /'y, Lydia E. Pi b ham's Vegetable Com- B pound and Blood Purifier. Iam now regular every month and suffer no pain. Your medicine is the best that any suf- fering girl ean take."—Mmss MARy Gomzs, Aptos, Cal., July 6, 1899, Nervous and Dizzy “DeEsr Mgs. PINgsaM :—1 wish to express my thanks to you for the great benefit I have received from the use of Lydia E. Pinkham's Vegetable Com- pound and dizzy. of medi I had tried different kinds e but they all failed entirely. After taking three bottlesof Vegetable | Compound and three of Blood Purifier I amallright. ] cannotthank youenough for what your remedies have done for me."—Miss MaTipa JExsEN, Box 18, Ogdensburg, Wis., June 10, 1899, | REBEKAHS IN STATE ASSEMBLY SESSION Making Preparations to Establish an Industrial Department for the Orphans. At the morning session of the California Assembly the Rebekahs yesterday there was an interesting address by Gr. e Drew on the advancement He went back to the time 1 were suffered to attend He then spoke of the women have made in the v, saying: associa- ks to run of the United State: srge Dewey 1is elec of Brooklyn Lodge pre- assembly a > set of ition the assembly re- for $100 from the jubilee being part of the surplus, to be expended for the or- le portion of the day was discussion of a plan to es- indus | department at the same to be maintained by vol- contributions. During the discu: umber of contributio ablish an their representa- irpose named. In a short ) was placed on the secretary’s fon to establish ) , which will ic work of the by a team from morial Hall of the aildin of past presidents of the iich there are now eight th purpose of keeping each other in the having a social re- vear. Gertrude More- as chosen president this city vice pres| njamin of Los Angeles Allen of Santa Rosa Rebekahs' Association in- ers last night and then en- uet w H. Mays resumed practice 1116 Larkin; res., Hotel Granada.* P A ———— Fire Department Changes. the Fire Commissioners’ meeting At yesterday morning a communication from the Civil that in future temporary appointments in the department would only hold good for thirty days instead of sixty days, as here- 1 was read. it was accepted. Willlam Mur- ngine 17 handed his badge a few go to Lieutenant Nicholson with the . “1 quit.” That was taken as a tion by the board, and of engine 35 was transferred to 17 to fill the vacancy. Joseph , truckman of truck 8, pleaded to a charge of being intoxicated ntence was postponed Th 5 of Engine Company 22 and Truck Company 5 are of a musical dispo- sition and yesterday they asked permis- »n from the board to place a piano at ch of their headquarters. The request was granted. A resolution providing that 150 badges ssued after July 1, each appli- v the board son for having a badge, ‘was passed. | two badges free, and for every additional | one a deposit of $1. returnable on giving | up the badge, will be exacted. Entitled to Sick Benefits. | Judge Hebbard handed down a deciston in favor of Catherine Schou, . and against Sotovome Trib Improved Order of Red Men, he defendant was ordered to pay aintiff the sum of $401, accrued sick bene- Schou was adjudged Insane Septem. | ber 4, 1897, and the defendant refused to pay the benefit on the ground that Schou's e e | _How to care for Belgian hares. Tells in Park j News every week. " e e —— | Will Pass No More Demands. The Auditor finally decided yesterday | that he would decline to audit any de- mands on the Hall of Justice bullding. He says he will hold up the construction | fund of 3200000 until the sub-gontractors | have settled with Bateman Brothers, who held the original contract. This will de- lay the completion of the building for an indefinite period. Service Commissioners stating | A Casey of engine 9 sent in his res- | William | as to his rea- | Newspapers will each be supplied with | | Incapacity was the resuit of his own acts. / I suffered constantly from ter- | rible sideache, had chills, was nervous | ( | [ ] t T t i * L3 - L d * ¢ + 03 * ;¢ + ® * & 4 ; g . ® + ® |+ ® * & * | A | ° GAGE'S REMOVAL OF NOTARIES 1§ NOW QUESTIONED | Suit Filed to Test Legality | of Action Taken by the : Governor. | ——— Whether or not the arbitrary action taken by Governor Gage shortly after he ascended his throne creating vacancies on the staff of notaries public, that he might divide these small plums up among those of his faithful followers who were not over exacting in their choice of offices, was legal or net will be decided in the near future. Suit was flled yesterday in the Superior Court of this city by F. V. Kaseeing agairst Recorder Godchaux with this as one of two objects. In his complaint Kasceing demands a writ of mandate to compel Recorder Godchaux to record a deed to property in the West- ern Addition which was attested before Notary J. N. Turner, whose office was de- clared vacant by Governor Gage. The deed In question was attested before No- tary Turner subsequent to Gage's arbi- trary action removing him, and God- chaux refused to record the same on the ground that it was illegal. Whether or not such is th will be determined in_the suit now on file. It is the consensus of opinion among lawyers of this State that Gage did not ve the right to remove at least twelve tarfes public, whose positions he de- clared forfeited. Shortly after Gage oc- casioned a stir by revoking the commis- jons of these notaries public in order to rn as to the power of the Governor to make such removals inquiries were made of Attorney General Tirey L. Ford as to the law in the matter. Mr. Ford and Dep- uty Abbott searched the statutes and found that -prior to 1893 notaries public were appointed for four years. The Legis- ature of 1 amended the statutes and omitted to fix the term for this class of offiy In 1899 the law was again amend- ed, resioring the four year term. The Attorney General summeéd up his conclu- ions as follow. | Section 793 of the Political Code would be made to read: ‘“The term of office of a notary public is four years from and after the date of his commission.” 1 am therefore of the | optnion that the office of a notary public, a; pointed after the act of 1593 went into effect and before the act of 1899 took effect, is held at the pleasure of the appointing power, namely, the Governor, and that section 1793 of the Po- | litical Code does not apply to notaries public | 80 apvointed, but to those only who were ap- pointed after the act of 1599 took effect. | Differing from this opinion is one sub- | sequently given out by former Attorney | General ~Fitzgerald and this opinion is | backed by the majority of the bar. At- torney William ~ Denman said last evening that in his mind there was no doubt as to the {llegal- |ity of the action taken by Governor | Gage in arbitrarily removing the notaries | public referred to. He also said that it was plain that no matter which way the opinion of the court leaned it would lead | to great confusion. Some of these nota- | ries public who were removed have since the revocation of their commissions been taking depositions, attesting deeds and engaging in the general duties that attach to the offices in question, while those ap- pointed to fill the vacancies have been similarly engagzed. When the opinion of the court is handed down the acts of one | class or the other will be decreed invalid. | Then will come the scramble to stralghten | the record of various suits and actions in | which some member of the unfortunate or rather illegal class has figured, and great confusion will be the result. Gage and those re- notaries appointed b, Y] la&gl for the new moved by him to make p! | appointees: Mrs. E. W. Smith, vice | Samuel Newman; Benchley, vice | Willlam Denman; F. C. Mosebach,” vice | Thomas S. Burns: Alfred C. Goldner, vice 1 J. J. Kerrigan; Charles H.:Phillips, vice John P. Cashin; Martin Aransohn, vice R. D. McElro; ames L. King, vice P. F. Walsh: Henry S. Foote, vice A. J. Henry; John P. Cashin, vice J. H. Turner: H. O. Beatty, vice Howard Herrin; Charles Mu- | sans, vice Emile Pohli; J. Ralph Wilson, vice James Mason; James Mason, vice R. V. Whiting; R. B. Treat, vice George A. Young; R. D. McElroy, vice Henry M. McGill; Thomas 8. Burns, vice H. B. Mad- , dison; also A. J. Henry, vice Charles H. ! Phillips, resigned. Committee on Investigation. | State Senators Frank Leavitt of Ala- | meda, C. M. Shortridge of Santa Clara | and Porter Ashe of San Francisco will | leave the city for Sacramento to-day and | immediately upon their arrival at the | capital begin an officlal investigation of the affairs of the State Printing Office. A resolution authorizing a committee to make the investigation was adopted in the Senate at the last regular session of the Legislature. Following are names of San Francisco EXHIBIT . TR Nl OUR EXHIBIT AT THE PARIS EXPOSITION. * Qe 9900000000 ededtdeitdeitdeiesisdededrderdeded NEWBURG SEEKS T0 0UST POLICE - CHEFSULLIVAN | | Claims His Appointment Was | i in Violation of the ; Charter. —_——— Attorney A. S. Newburg, who has a certain practice in the Police courts, pro- poses to Institute quo warranto proceed- ings In the Superfor Court to oust Chief of Police Sullivan from office on the ground tnat, according to the charter provisions, | he was too old to be appointed Chief of | Police. Many English and American de- | cisions seem to give force to the attor- | ney's interpretation of the charter. Upon | these Newburg is preparing an elaborate brief, which he will offer in support of | the petition he rays he will file. | Under article VIII of the charter, creat- | Ing the Police Department and explaining its dutles, section 1 of chapter I reads as follows: ‘“The Police Department shall consist of a Board of Police Commission- ers, a Chief of Police, a police force and | of such clerks and employes as shall be | necessary to carry into effect the pro\'ls-‘ | fons of this article.” Section 3 of the | ! same chapter provides that “Every ap- | pointee to the department shall not be | less than 21 nor more than 35 years of | age, etc.” | Attorney Newburg assumes that the | word ‘‘department” is used in the same sense In both sections, so that the age limit of appointees applies to the Chief of Police of the department as much as to | the members ot nis force. Chief Sullivan was 43 years old at the time of his ap- | pointment, if the records are correct, and | theretore, from Attorney Newburg's point of view, was ineligible to the office. By similar reasoning the Police Commission- ives are in danger of removal. case will stand or fail upon the way | ots the meani | in which the court interpr of the term “‘department Black on | terpretations of Laws” says that *“Where | the same language is used repeatedly in a | statute in the same connection, it I3 pre- | sumed to b the same meaning through- out the act.” Black further says upon the | same subject: “If the language of the statute is plain and free from ambiguity, and expresses a single, definite and sensi- bie meaning, that the meaning is pre- | sumed conciusively to be the ' meaning which the Legislature intended to convey. In other words, the statute must be in- terpreted literally. IKven theugh the court should be convinced that some other meaning was really intended by the law- making power, and even though the lit- eral interpretation should defeat the very purposes of the enactment, still the ex- licit declaration of the Legislature is tho aw, and the courts must not depart from it.” Attorney Newburg has a number of de- cisions from English and American re- | ports bearing on tne same matter and he says that he has been unable thus far to find any that oppose the views expressed by Black. In Woodbury vs. Berry, 18 Ohio State, the court says: ‘‘We are sat- isfied by considerations outside of the language that the Legislature intended to enact something very different from what it did enact, but it did not carry out its intention, and we cannot take the will for the deed. It is our legitimate tunction to | interpret legislation, but not to supply its omissions.” There are many cases In the California decisions that bear directly upon this point. Notable among them is that of Judge Wallace, in 41 Cal., 147, In which he says: ‘“‘Questions, too, which regard the mere policy of the statute, inquiries as to whether it is in itself a wise law; whetner its anticipated operation will be to promote or to retard the true proSper- ity of the people, are not for us to con- sider; * * * except we overleap the bar- riers by which the limits of our rightful authority areNplalnly deflned.” Attorney ewburg admits that all through the article creating and defining the duties of the police the words ‘‘depart- ment” and ‘‘force” are used indiscrimi- nately, but contends that the use of the words in the opening chapter must deter- mine their use in e remainder of the article, and that there can be no mistak- ing the fact that the word ‘‘department, as used there, includes the Commission. ers, Chfef, policemen and clerical force. According to his view the Commissioners might be ousted from office for the same reason—because they were appointed after they had passed the age limit. The method of procedure in getting the matter into the courts will be to secure the permission of the Attorney General to file a petition in the name of the State against Chief Sullivan, charging that he is unrightrully in the office. The Chlef will | then have to prove that there is nothing in the charges, the burden of proof falling upon him. ‘When taken at the proper time a little Jesse Moore “AA" whiskey will prevent a cold. CALIFORNIA U.5:A | be no room for criticis: i | | | -0 WERE NOT ASKED TOPASSONTHE SPECIFICATIONS Scandal Connected With the Building of Howard Deck Will Not Down. | It seems as if that “raw job” in regard | to the Howard-street wharf, now bulld- ing, would never down. A story became | current yesterday on the front that when the committee of lumber dealers was ap- pointed to pass on the quality of the lum- ber being used in the cylinders the mem. bers were not tolu that they were to de- termine whether or not it was in accord- ance with the specifications prepared by | Chief Engineer Holmes, who had loudly | proclaimed that he wanted that point set- | | tled. “Nobody asked us whether the lumber | was In accordance with the specifica- tions,” said_Robert L. Taylor, manager tor Renton, Holme: Co., and a member of the committee, when seen yvesterday. | “The only question asked us was If it was merchantable lumber. We found | that most of it was, though about 5 per | cent of that on the bulkhead s totally unfit for use. This the foreman told us | he did not intend to use. No, we didn't| see the lumber under the water. | ““The lumber used was certainly not in | accordance with the specifications. These [ were drawn up in a very stup.d manner and no one could tell just what they meant. Contractors would prrrhablf have thought ship planks were required. | “The fact that one firm might ‘guess’ " | —Mr. Taylor used the word ‘'gu with significant deliberation—‘‘that cheap lum- ber could be used would certainly place other firms wishing to bid at a disadvan- tage. Thus a great injustice was proba- bly done in the letting of this contract. I don’t blame the contractors for being angry and disgusted. “In future the Harbor should have specifications clearly and intelligib Commissfon drawn up then there would DR. TAIT A WITNESS IN THE FAIR-CRAVEN CASE Testifies That the Senator Was Under His Treatment on Several Dis- puted Dates. Dr. Dudley Tait, who for many months prior to Senator Fair's death treated the | deceased millionaire for his many ills, was 2 witness for the defense in the Craven- Fair trial yesterday. Dr. Talt testified to having treated Senator Falr and was called upon to give evidence that the mill- | ionairie was confined to his sick bed and at other times was unable to leave his home on dates which Mrs, Craven-Fair testified he was out and well. Dr. Tait was led through a mass of days and dates and diseases, After a brief | cross-examination he gave way to Hand- | writing Expert Kytka. Kytka took up the examination of the enlarged signatures taken from many checks signed by Sena- tor Fair. He pointed out variances be- tween the many signatures and concluded by reiterating his statement that all of the documents presented by Mrs. Craven- Fair were forgeries. The case goes on again to-day. ———————— $3 ladies’ French kid shoes for $2 at the Bee Hive Shoe Co., 717 Market street. ¢ —_———— In the Divorce Court. Decrees of divorce were granted yester- day to Gertrude Bennett from Clayton Bennett for neglect; Kate S. Louttit from James A. Louttit for desertion; Enoch F. ‘Willlams from Estella_H. Wiiliams for desertion, and Mary H. Lacoste from John F. Lacoste for desertion. Suits for divorce have heen filed by Catherine E. Burns against William A, Burns on the ground of cruelty; Mrs. G. | S. Sargent against B. C. Sargent, failure | to provide; Rose Sparber against Harry | Sparber, cruelty. and Clara B Thompson | %""" Samuel Thompson, failure to pro- e, —_————— Miniature Kopje on Exhibition. By June 1 every pair of shoes on hand which were affected by the rallway colli- slon will have to be sold. To-morrow (Friday) there will be on sale 90 pairs ladies’ fine kid shoes, tan or black, all sizes and styles, for $1 45, worth from $3 to a pair. Se goods are in good con- dition and a big lot of them are now being exhibited in the show window. The Standard, 1029 Market st., bet. 6th and 7th.* ———— Claims He Won the Prize. In a suit brought in the Justices' Court yesterday by J. F. Rose-Soley against the Evening Post Publishing Company Hale’s. | Hale’s. sense. to-day we are selling to build, and e building to sell. for eight years we've been selling, and, tru o say, the car- penters and the painters have been close friends with wus, for we've kept on grow- ing. the cornerstone of our new building (in fact, the new store) a monu- ment to the power of | buying and selling for cash; and. need- less to say, we close t 6. is underwear underpriced: children’s and misses’ muslin| drawers, good soft finish mus- ladies’ muslin skirts, of good soft muslin, embroidery trim- med, wide lawn flounce, trim- med with 3% inches ‘embroid- splendid value. .. adies’ gowns of fine soft ntus- lin, square yoke of fine tucks and embroidery insertion, V neck and cuffs trimmed with 1 ruifle lin, wide hem and cluster of tucks at bottom; for ages 3 ¢o 12 ladies’ muslin drawers, of good quality soit muslin, with wide hemstitched cambric ruf- fle at bottom.. 29¢ ladies’ muslin skirts, of good heavy muslin, 24 yards wide, cambric flounce, with 3-inch lace edge, cluster of tucks above and extra dust ruifle domestic attractions: ; yards 6f madras, for shirt waists and costumes; stripes and ¢ patterns, and not much of any one; reduced to...8c 26 inches wide, each . per yard 6c 28 wide, 2J4-inch inches lace edge at bottom, wide band ong, and strings at top, unusual 50 pieces (say 3000 yards) tinseled drapery piece in different oriental coloring... millinery reduced: our millinery manager has five dozen read-to-try-on hats, some trimmed in tucked mull, some with silk handker- chief bow effect, others with straw ro- settes, reduced t and $1.50 30 bunc valle; sprays to th and six buds in the bunch, for.... 50 bunches marguerites, nine a bunch; now offered per bunch 10c m o the allegation is made that the ne is indebted to the plaintiff in the sum ten article on the subj »f Our Insular Posses yvember, 1898, the defenda offered a prize of $10 for the best ess on the subject mentioned. Rose-Sol claims that his es: v was the best of al those submittec sed to award him t says he has a cer reputation and that he was inju sum of $% because the Post circulated the fact tha another person was entitled to the prize. but the Post has r e prize. Rose-Soley SeeL e Expects a Visit From McKinley. The Ohio Society of California met last night at Red Men’s Hall, 320 Post street. The committee on transportation reported that the rallroad companies had agreed | 8-Day Specials! THURSDAY, FRIDAY, SATURDAY. to run excursion trains to this city at the THREE DAYS OF SATISFACTORY m n BUYING AND SPLEND! s time of the launching of the battleship RO G e e WAVING. J. P. Jackson, pres- declared that it was lent McKinley to be Ohio at a cheap rate. ident of the soclet the intention of Pres present at the launching if there wi no further postponement. No definite time has been set for the event. | e ee——— | CREAMERY BUTTER 35¢, 3 sqrs 81 LAUNDRY SOAP. 8 cakes - ...25¢ Fairbanks’ Whits Star brand. Regularly § for 25c. ILSON RYE, hot 75¢, gal $3.50 celebrated brand of Thistle Club Celebration. The committee recently appointed to ar- range for the annual pienic of the Sco tish Thistle Club met last night and elect- | Eastern Rye Whiskey is always ed John Ross chalrman and George W. s0ld at §1 (0 a bottle; $4 50 a gallon. Patterson secretary. It was decided to Campbell’s 5 hold the outing at Shell Mound Park on | SOUPS (Comgomsed ), 3 cans..25¢ July 4. The finance committee is as fol- ken, Oxtail, Mock Turtle, low Thomas Christie. chairman; James M Vegetable, Lawrence, Robert H. Murray and Peter | Tomato. msomme. ete. TR o gularly 10c a can. lIlm‘ht 400; onse, 1 dos, $4.50 SAUTERNE, emeyriies s 1o ta Ben Lomond Wine Co. and bottle, 60c: ease, 36 00. - bortie. T50x caser $1%0 COCOA. - 2-1b fin 156, &-Ib fin 25 | Wilbur's celebrate: Cocom, ‘: at 20c and e |FR MOUTH, bot....55 N Noflly, Prat & Co. 20¢ Regularly, quarts, in Regularly 8c ALT VINEGAR, gt hot..... manufactured from pure malt by H. J. Heinz Co., Pittsburg, Pa. Regularly | CATALOGUE FREE. Country Orders Seliefted. 39 STOCKTON ST., near Market. (Old_number 21 Stockton st.) TELEPHONE MAIN 2% PAINLESS DENTISTRY ! B Evenings until 3. Sundays all ay. Full Set of Teeth, pain- less extractions fre Gold Crowns, 22-k. Ted passage- way connecting these two immense stru Fillings tures places Teeth out P one management 1400 Specialty. We give gas. rooms, of which have baths attached. e - Tourists and travei- ers from every section of the world recognize and appreciate the comforts and conveni- encels offered by these hotels. American plan. Eu- ropean plan. “YyAN VROOM,” 1001 MARKET, SIXTH 2nd MARKET. Send fe in stamps for postage on New Furniture Catalog. __—="@, e All have French Bevel Mirrors; of Oak, Curly Red- wood and Ma- hogany. State longth of Outit when ordering, and s we carry every oatdt in stosk we will ship inaide of two days THE J. NOONAN FURNITURE COMPANY PHONE SOUTH I4. ‘Incorporated) SAN FRANCISCO. 1017-1028 Mission Street, Above Sixth. THE BEST VALUES ON THE COAST.....