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THE SAN FRANCISCO CALL, TUESDAY, MAY 22, SUPREME COURT SEATS BECKHAM Three Justices Dissent From th | Decision in the Kentucky | Governorship Contest. ‘ +>bededebedese@ 1 - @ | » . . R4 o ¢ . - & - § - d s - ‘;’ : o ¢ 3 o - o]} | T 04 ~ v ‘D L ¢ 3 $ : 0 ¢ . & FE ¢ . ) '2» - o ¢ " | 0 * s’f 0 1 - o I 7 [¢) 26 O by - 0 : 2 o : 7 ¢ - 3 * /§ @ 1 GOVER! NTUCKY. s os 0o ebetede® ersies over the elec- e reached the State provided and have been lance with State consti- ases must necessarily be erference of this court A where reviewed the er, Wilson vs. Louisian: nd continue and al constitut ment to every their political 1t vears the constitution of i that contested elections | it Governor shall be | Assembly—in 1708 Text »f the Decision General Assembly’s Powers. " se ha lared t visions the power Aetermine the re A defective Heart. n tates the f A weak Stomach. change its char restricti deal witn s may be | ndment relation of a | , generally speak- either a property umbent with or a| A diseased Liver. Views of the Dissenters. } ke were three dissenting opinions, | but in only one of these was the opinion | expressed that the decision of the Ken- | tucky Court of Appeals should be re- This was_delivered by Justice | stice McKenna was the first to be heard. He stated | he concurred in the result, he | yrepared to say that 2 public of- not property. rewer also expressed views an- | e of the court on the property. He held the | nited States courts were | jurisdiction, but contended jon of the Kentucky courts rmed, Instead of dismissing r. He azreed with the | y 18 of Keniucky, that upon | i of the Assembly no other judg- be entered than that which ;lar an, in his dissent, quoted} OMEN : authorities and then said: | ADVISED Sty S anding this adjudication, the de- FREE ol e fi,”’" el ¥ is that this court has mo juris- nquire whether the citizen has been ut due process of law of an 1 by bim under the constitution and his Seate If the contest between iing the office and the person seek- hold it is determinable by the Legis- n a prescribed mode, this court. it | " annot inquire whether that mode and cannot interfere for the pro- umbent, even if the final act was confessedly capricious | msistent with the recognized long 10 due process of law ¥ degree on evidence taken Call or Write. | ir permanent and last n, send REMEDY CO., Stockton, Ellis and Market Sts., ¢ FRANCISCQ, CAL. HUDYAN Legislature had wholly dis- prescribed by the statutes tate and without appointing a board composed of its own members, had resolution simply declared Goebel and especially if such action had BOUT CALL OR WRITE. — | G BOSOE0EOSOSOSOPOSPOSOPOSPOBOE | 1o e comclusive, 1hie court an we are oo Bt b7 the dosieton tou Ml be without Jju bent, for the reas: n to protect the ineum- a5 is now adjudged, that > o VICHY s Heamir 3 O | the office in dispufe is not properly within A Natursl Miners! Water g | the meaning of the fourteenth amendment. Permits Theft of Office. So that while we may Inquire whether or | mot the citizen's land or his mules have been taken from him by the legislative, executive | or judiclal authorities of his State without due of law, we may mot inquire whether turé or judicial authorities of & State have without due process of law ousted one lawfully elected and holding the office of Governor for a fixed term with a salary vhich cannot be diminished during such term, nd put_into his place one whom the people have said should not exercise the authority appertaining to that high position. When the fourteenth amendment forbade any State from depriving any person of life, liberty or property without due process of law, I had supposed that the purpose Was to guard persons against being deprived of any legal right in violation of the fundamental guarantees that inhere in due process of law. . But it seems that under our system of Gov- ernment, the right of a citizen to exercise a O | State office to which he has been lawfully | elected by the people may. so far as the con- Stitutlon of the United States is concerned, - C ELEST' N S g be taken from him by the arbitrary action of O | 2 State Legislature in utter disregard of tne SA. VIGNIER, Distributing Agsnt j | principle that Anglo-Saxon freemen have for @CPCE0E0I0E0I0ECICROPOS0S0R with medicinal qualities, g | For Indigestion and Btomach Disorders. so<aiea VICHY § IN SIPHONS IS NOT | process the Leg) | b4 o * VICHY: Get the Genulns § VICHY $06004049040408040408060860804040004 centuries deemed to be essential to the re- Quirement of dus process of law. I cannot { ernor, W. 8. Taylor: ex-Governor Bradle: assent to this Interpretation of the fourteenth emendment., FLOWERS CAST UPON GRAVE OF GOEBEL FRANKFORT, Ky., May 2L—The an- nouncement of the Supreme Court’s deci- sion at Washington in the Governorship contest was received here with the wild- est demonstration on the part of the Dem- ocrats. The firebells were ringing, can- non booming and the city was put in holi- day attire in honor of Governor Beckham. A ‘touching incident of the day occurred this evening, when 2000 people marched to the cemetery, each wearing a flower, | which was cast upon the grave of the late William Goebel which marks hi: bank of flowers. making the little mound st resting place a vast There were no ceremo- | nies at the grave except a prayer by Rev. T, F. Taliaferro of the Methodist church. This afternoon the Taylor soldiers who have been in charge of the State Capitol bullding. and grounds since January 30, the day Governor Goebel was assassin- ated, evacuated and turned the State grounds. the Gatling guns and military equipments over to Assistant Adjutant General Merray, a Democrat. The Taylor soldiers before giving up their sovereignty on the State Capitol square were lined up by Adjutant (General Collier who forraiiv notified them he had orders from Governe, Taylor to dismiss all the soidlers, auu that the evacuation would begin at once. There was hurry and bustle for the next hour, and at 5 o'clock special coaches backed up in front of the Statehouse for the use of the soldiers. Before they left cheers were given for the deposed Gov- Charles Finley, Caleb Powers and others. FINLEY ARRESTED AND FORTHWITH RELEASED INDIANAPOLIS, May 31.—Charles Fin- ley, ex-Secretary of the State of Ken- tucky, was arrested here for complicity in the Goebel plot. Governor Mount re- fused to honor a requisition for Finley's return and Finley was released. TAYLOR YIELDS TO THE NEW GOVERNOR| LOUISVILLE, May 21 lor has ued the following order: To General D. R. Collier, The Supreme Court of the i ing decided in favor of Mr. Beckham. nothing remains now to be done except to dlsmiss th militta and surrender your office to your suc- cessor, appointed by Mr. Beckham. You are, erefore, directed to at once dismiss the mili- 1 to surrender your office to your suc- as soon as the mandate of the Supreme urt is filed, or sooner, if you wish. Tender the militia my kindest and sincere thanks for their brave, and patriotic service TAYLOR. regards manly W. DATE FOR DUAL TRACK MEET. California and Pennsylvania to Com- | pete on May 28. 'ON. N. J.. May 21.—An- was made to-day by Captain PRI not ement Drum that the proposed dual track meet | between the Universit the University set for May 38 of California and of Pennsylvania has been Stamps for Hawaii. LOS AD UES, May 21.—M. H. Flint, 1 inspector ¥Francisco for Honolulu on June 1 with 00 worth of United States stamps for use on the islands. fer of the postal department of Hawali to he United States will take place on June . ctor H. P. Hall has already gone to Honolulu to assist in the wor e Appointed by the Pope. D. Or., May 21.—Rev. Dr. to Monsignor Martinel- 1 to the United States, who is now in this city, to-day announced that the Pope has appointed Henry T, Miller, chancellor of the archdiocese of Cincinnati, to be Bishop of Ohlo, and Rev. Her Sranjon of Baltimore to be Bishop of Tucson, Ariz - Clark Receives His Credentials. WASHINGTON, May 21.—Senator Clark of Montana to re ived his commis- sion as Senator from Lieutenant Governor Spriggs of Montana, but he said upon leaving the capitol to-night that he had not decided when his credentials should be presented in the Senate. Wants His Presents Back. OAKLAND, May 2L—In the action of de Leveira to recover certain v from his wife, Judge Hall has judgment for the defendant. Sev- deeded some given eral months ago Leveira B property at Haywards to his wife on con- dition that she agree to return and live with him. they having been estranged for some time. Mrs. Leveira agreed and did return, but soon left her husband for the that time. She claims she was treated by Leveira. c overnor Tay- | or this district. will leave | postal | The trans- | MAYOR C. J. et Epecial Dispatch to The Call. AN JOSE, May 21.—The citizens’ | movement for reform in polities met a Waterloo In to-day's election at i the hands of practical politician | The rout resulted from lack of or- ganization and workers, while Johnnie Mackenzie handled the gang fight in per- son and his ticket went through without a hitch. Mavor J. Martin was re- elected over Harry J. Edwards by a ma- jority of 620, while Treasurer Thomas J. McGeoghegan's majority is 1174. The other officers elected are: J. W. Cook, City Clerk; J. J. Cherrie, Councilman | from the Second Ward, and D. A. Porter, Councilman from the Third Ward. The election one of the most spirited in the history of the city and the o ome was a sort of surprise, it was claimed on the street that Ed- wards would win. Edwards had the nom- jnation of the Citizens’ Committee of One Hundred, the indorsement of the Pastors' Union and was supported by the Jeffer. sonian Democracy and the Reform Dem- ocrats. Martin and his mates, who are all incumbents, except the Councilmen, had the support of the Rea gang. Being the first election under the new charter added interest. as the party nom- | inating conventlons were abolished and | all candidates were compelled to go on | the ticket by petition. The day passcd | off quietly and heavy voting was done In | the forenoon. The Vvote was slightly be- low that of two vears ago, 3584 votes be- ing cast. The result is a complete victory for the gang, who will now control the | city for the next two vears. Leaders of {Vhe- citizens' party fail to account for the | B ally landslide except indifference on tHe part of voters. Mayor Martin says the result s an_indorsement of his administration ‘and that the only reason he sought re- | election was that he might carry out | plans_already laid—the applying of the cash basis fund In two years to free the city of debt. | . B. Mercadier, Soclalist-Labor party candidate for Mayor, received S1 votes. | The vote for the various candidates was: Mayor, Martin 2218, Edwards 158, Clerk took 2234, Dougherty 1538; Treasurer, Mc- Geoghe 2414, Fischer 1340; Councilman Second Ward, Cherrie 2304, Millard 1203, Councilman Third Ward, Porter 2053, Lord | 155 PHILADELPHIA—Senator Quay has an- inced his cendidacy for re-election to the Senate. £T. PETERSBURG—T zar has ratified all | the articies agreed on at The Hague Peace Con- fe PRINCETON, N, J.—The body of Philip K Hay, o the two. sophomores drowned in the Kingstown Dam, was recovered. NEW YORK—AIl grades of refined sugars have been advanced five points, except coarse granulated and extra fine granulated. Kan.—The National Colference of rrections discussed partisan- ministration of charitable and 1ons. TOP WASHIN —The drainage canal case, affecting the Chicago River and St. Louis, was for oral hearing at the next term of the Supr urt, SAN DI The steamer Ignacio Mariscal, eleven days overdue from Lower California Jorts, has arrived here. ceed to San Francisco. CHICAGO. ze Tuley, who was Informally indorsed by the Cook County Democracy their nominee for Governor, issued an open lei ter declining that honor. SANTA ROSA-—T, I. Owens has entered a plea in Judge Burnett's court of not guilty of the murder of Hale at Lytton Springs last montb. His trial is set for June 14. NEW YORK—Mrs. Fitzhugh Lee, wife of the Military Governor of Havana, and members of her family, arrived here on ‘board the United States transport Sedgwick from Havana. SEATTLE—A telegram from London an- nounces that bonds worth a million dollars had been floated in London for the building of the Seattie and Tacoms irterurban electric line. HELENA—Governor Smith has filled the vacancy on the Supreme Bench caused by the resignation of Assoclate Justice Hunt, by ten- dering the appointment to R. Lee Word, an attorney of this city. BERLIN—The streetcar strike has been set- tled by the mediation of the Burgomaster. The men have accepted the offers of the directors to give more frequent increase of wages until the highest scale is reached. BERLIN—During the debate on the meat inspection in the Reichstag, Baron von Wan- genhelm, chairman of the Farmers' Alllance, £aid no reliance could be placed on the controi exercised over meat abroad. HALFMOON BAY—An unknown peddler was thrown from his wagon on the road between Halfmoon Bay and San Mateo and instantly Killed. Nothing was found on his person by which he could be identified. YOODLAND—The_annual bullehead break- {u\g‘(uf(\fD:he A W, (:Iuh was held at the Orleans Vineyard, in Western Yolo, Sunday. The company consisted of eighteen, most of whom made the runs on wheels. PENTWATER, Mich.—The banking hoyse of Nielsen & Co. faled to open its doors and the Circuit Court has been asked to appoint H. H. Punyea, a brother-in-law of Mr. Nellsen and P £ the neaviest depositors, as receiver. SAN DIEGO—J. Marshall Brook, K who has just returned from Lower California, was ar- tested here on a charge of having stolen six- teen head of cattle from Rose Canyon in thls Loty He was held in $1000 bail for trial. LONDON—The Algiers correspondent of the Daily Mall says: "There is little doubt that & holy war has been proclaimed in the extreme south of Algiers and Morocco. Probably this is 3ue to the movements of French troops. TOPEKA, Kans.—C. §. Sutton, for the past ten years auditor of frelght receipts of the Santa Fe in this city, has been appointed audi- tor of the Santa Fe lines west of Albuquerque, N. M., with headquarters in Los Angeles, Cal. WOODLAND—Mrs. Claudia Merlin Stephe: wite of W A. Stephens of San Francisca, died near Esparto on Sunday. The funeral will be held on Tuesday at 2 o'clock, and interment will be in Cottonwood Cemetery, south of Mad- fson. STANFORD UNIVERSITY—A contract for She will coal and pro- the erection of a residence Coaksley of Menlo Park has been let here for $22,000. The buflding will be located upon one | of ‘the low foothills near and overlooking the campus and bay. NAPA—George Horton, a native of Detroit | Michigan, aged 84 ars, is dead. | was a resident of Napa and St { years. He was the father of Mrs. George M. Francis, wife of the editor and proprietor ot the Register. LONDON—Increased disturbances in Mace. donia and Albania have caused the Embassa- dors of the powers at Constantinople to d patch military representatives there to ascer- tain whether Turkey has ‘taken sufficient measures (o prevent disohders. | WOODLAND-—The efforts of the Yuba Elec- | tric Power Company to obtain franchises in | this county has stirred up the Standard Elec- | trie Company, of the Blue Lake district a_ representative is inquiring into the conducting a line into this count Walter Ruffner, brother of ex-Sheriff George C. Ruffner, dled at Meroy | Hospital from injuries received in a mine ac- cident a few days since. His leg was broken in three places between the hip and knee and the bones at the hip joint shattered. The lex was amputated last evening, demth oceurring three hours afterward BERLIN—The deputation of the New York Deutschen Kreigebund arrived and were wel- comed by numerous representatives of Vereien associations. Herr Pfanstill, the president of the leading association of Berlin, delivered a speech of welcome, to which President Mueller of the Kreigebund replied. SAN JOSE—A builder's contract placed on record here shows that Mrs. Jane L. Stanford has engaged Rupert Schmid of San Francisco fo earve the sculptured friese on the memorial arch at Stanford. The contract price is $15,000. The allegorical picture is a beautiful one and has been described in various publications. 10S ANGELES—Horace Bell Jr. a default- ing witness in the trial of Mrs." Biinn-Pearce, charzed with taking jewels from Dr. Thatcher of Garvanza, was fined $100 for contempt of | court by Judge Smith. Young Bell was found in San Francieco by Deputy Sheriff Henry Johnson and brought back here on Friday last. SACRAMENTO—The dead’ body of a man for George B about 38 years of age has been found in a box car on the river front. The man had committed sulcide by firing a pistol ball He has apparently been through his head. From papers found on the dead severa! days | body it is belleved that his name was G Brockhaus, The body had on a cheap suit of brown check clothing from a Stockton dealer. 7 WILL BUILD THE SMALL SCHOOLHOUSES FIRST BERKELEY, May 21..—The Board of Education and Town Trustees, in joint conference this evening decided to apply the first money secured from the sale of school bonds to the construction of a school house in North Berkeley and one in South Berkeley of from four to six rooms each. The officials deemed it best o erect th§ smaller buildings which have been authotized, leaving the High School and the larger Grammar School build- ings for the last. President Marston of the Board of Trustees and Town Clerk Hanscom reported that advertisements for the sale of the bonds had been placed in Eastern financial journals. Prisoner Tries to Die. \ OAKLAND, May 21.—While in delirlum from drink J. C. McVey, a peddler, tried to commit suicide by gas asphyxiation to- day in his cell at the City Prison. He was unconscious when he was found, but was resuscitated. | | | Mr. Horton | Helena many | MARTIN RE-ELECTED MAYOR OF SAN JOSE Reform Forces Lay Their Defeat to Indifference on the Part of Voters. D +0 0000080005900 00 009000000000 00 000200 MARTIN OF SAN JOSE. < B SO O e e R e O O O O S . = ] The Martinites took the town by storm iasm over an election been shown. 1900. Resolved, That the packers hers assembled are In favor of organizing themselves Into an incorporation, to the end that they may be able to transact their business with the Cured HAVE ADOPTED &t vision in the packers’ contract relating to fixed prices by eliminating therefrom the clause re. in the foregoing resolutions, upon such percant- age less than 80 per cent, as the board of di- lating to the same. and agree that prices may be made by the hoard of directors of the Fruit Assoclation, from time to tim thete | judgment may be deemed adv! Resolved, That we are willing to co-operate with the assoclation under the terms of our i contract. subfect to the modifications suggested decide | | | rectors of the Fruit | upon | | Packers Agree to Buy Only| Assoctation shall this assoc d the contra will not emwp = hey From Members of the . . | selves to handling th Resolved, That Association. corporate organ Resolved, That William sey, A. G. Freemar W.' Porter as aiternate appointed as that committes, | _The meeting then adjourned. sub: the call of the committe ; After learning the ac Directors Will Be Permitted to Set the Price of Fruit, Thus Prob- | ably Eliminating Ruin- ous Competition. packers' meeting to-day —_— of the Frult Association stated the members of assoclation ap 1 Epecial Dispatch to The Call | of the mox < made in the packers’ contract a expressed in the rese t SAN JOSE, May 2l.—The California | Passed by the packers at their meeting | Cured Fruit Association has not secured | fhe assoctation would go ahea the requisite 9 per cent of the prun acreage of the State and the handling of the crop along different lines will be tried. At to-day’s conference with the packers SAW THE WILD MAN. Adventure of Fred Birlem and How- committee President Bond of the asso- clation announced that but 73 per cent ard Martin in Marin County. of the total bearing prune acreage had | Spectal Dispatch to The Call been secured and 23 per cent of that had | MOUNT TAMALPAIS, May 21.—Fred been' signed on .the proviso that the as- | Birlem of 206 Gree treet, San Fran- sociation would control % per ce This | cisco, and Howard Morton, musical 1 released the packers from their contract | for several local journals, met with an with the association. adventure while camping the President Bond was confident with mod ifications the on would be a suc- cess. The suggestion was made that the packers organize and treat with the as- tain side Saturday night /which effect- ually deprived them of thelr rest, and but for their presence of mihd might have resulted seriously Birlem and Morton left 8an Francisco B O S e sociation as a body. The Cured Fruit As- | on Saturday night intending to ascend soclation would secure the expression of | Mount Tamalpais and watch the sunrise willing to let the association handle their | oD% . W While and resume the ase fruit if in_the opinion of the directors | Spen rested em was just dosi enough had been signed to warrant them | when a crackling in the brush a going ahead. Stable prices of dried frutt | nym. e flashed on a club electri | could not be guaranteed. but from time to | he carried and its rays showed time as the conditions of the market war- | wild figure standing over him | ranted the directors would set the price | 3 pistol and the mysteri | of fruit. This would eliminate the com- | turned and rushed down the petition of growers outside the associa- | side yelling Iike a demo: | tion and _strengthen the assoclation in | men think that they emcountered the case the full percentage could not be mous wild man of Tamalpais, but T cured. The packers readily accepted this | skeptical friends say a marauding tramp proposal and agreed to buy fruit only | caused their fright | from members of the association. | - | _ Letters will at once be sent to all mem- Favors the Canal Bill. | bers of the association asking if they are willing to accept these changes. The di- 'S~ NTA ANA, May 21 »—Thn l“ha rectors are confident that those who are | Commerce here to-day sent telegrams to now in the association will do so. In | both Senators Bard and Perkins fact many of the prune men outside the | them to use a ynorable mear to-night and 2000 strong, headed by a |association are expected to now come In. | the Nicaragua canal bill before t band aded the streets, cheering and | The packers’ committee held an extend- | during the present session of ¢ 8 1-;11:311;); for x\!‘ni)"{ \i('l-»l'l!);!s undxdmp{:!ed session discu sing the details of the - ne ohnnie Mackenzie, whose general- | new agreement. rganization among ip to-day’s battle. themselves will do away with ruinou __ _Saloon Men Lose. he homes of Mayor Martin and L. Lion | cutting of prices that have characterizeq | LONG BEACH. Cal, May 2L.—At the were visited, where both of those tene- | former years and they predict that all | election to-day to determine whether sa- naded made speeches. Never before in | the big packers would join m the com- | loons should be allowed to run the vota the history of the city has such enthus- | bine. The following resolutions were then | was against saloons by 199 majority, tha passed by the packers total vote cast be g 400 REGISTERED Union=-Made Ready=-Made Clothing iy UR ready-to-wear clothing is made by union men—men who are the best workmen in the world in their line.! They make the fin- l i est clothing possible—osur $10.00 suits are the best for the : (i money of any on this coast, because ours is the only clothing made by strictly union men. We are as pleased to wait upon union men as we are to employ them, but we do not use the label solely to secure union trade. We em- ploy union men because we get good, honest, thorough workmanship. Trl\at coimts for considerable in making clothing. We show you a good all-wool ready=-made suit for *10 You can make your selection from thirty patterns in fancy and mixed cheviots in heavy and summer weights, or black and blue cheviots and clays; suitscomein single and double breasted. Every one is guaranteed to be all wool and fast colored, Of course you know what our guarantee is. Boys’ top coats ‘ OTHING gives a boy a more dressy appearance than a neat little top coat; and it Is an economy, too, for the coats wear exceedingly well. We have them made of co- vert coth of the stylish tan shace that will unquestionably harmonize with his clothes; the coats have a velvet collar, satin slesve lining, fly front and the new style overlap cuffs; the ages are from four to twelve y=ars; the value is $6.50; our price *5 Qut-of-town orders filled—write for illustrated catalogue. - SNWO00D 5(0 718 Market Street. i lifl‘ll