The San Francisco Call. Newspaper, June 19, 1900, Page 5

THE SAN FRANCISCO CALL, TUESDAY, JUNE 19, 1900, PRESIDENT McKINLEY ANSWERS APPEAL OF STATE AND RAISES KINYOUN QUARANTINE —— The Nation's Executive De- ¢lares His Conviction After| investigation That the | Plague Is Not in Califor-| nia and Never Has Been. —_— Quarantine Oficer, Rebuked, Discredited and Repudi- gted, P.eads With United States Circait Judge Mor- row for Mercy. g #Sr=HE President of the d States, e t solicita- ee from the Cali- o the Republican s saved the State the hands of Dr. Unite g from a as far he X pon it by an ar- d ambitious agent. not the only e 4 the before the ument 1f h after being dis- 0 delay cent y that the of perfect nately been re- re harmilessness nd el Island menageri ith his guinea pigs, w in a resolu- g of the nding that his Board creature of Mayor s been proud to at he is respon- He is re- those oun possible and then wt dange e CALIFORNIA SAVED BY THE PRESIDENT | 3 18.—Early this Spreckels announc a dispatch e of the Cal ir arrival. 1 Washington on the fter the arrival the com. e office of the we concerned ttentively from the chalr Central Com illness of Gage, but me much ins d_take it g entjre Federal cognized the necessity of resentatives immediately procecded to the White House, here they were accorded a most cordinl ption by President Mc- Ki . he President expressed deep concern nbout the matter, and stated that guarantine matters gave | the Government considerable trou- ble. Mr. Spreckels went over the situation and the President said that the statements of the delegation were in entire harmony with all that he d been able to learn upon 3 ident stated that he had been unable to find any evidence in the various reports and statements made to him or the departments that would warrant the conclusion that there exisis, or ever existed, any plague in San Francisco. The Presi- dent was most pleased to learn from the gentlemen personaily that his conclusions were supported. He also expressed himself as hav- ing the utmost confidence in the judgment of Judge Morrow. After going over the matter, President Mekinley gave as his conclusion that the quarantine was entirely unwar- ranted and w, revoked. and ra be at once dispatched to that eflect. The committee on their own behalf ana from | indignation | al Board of | actions | | [ R . . ve oo PP cussed yesterday . : 4 . > OGO DE DD G400 0D @ RESOLVED, That the Board of Health no longer has the support and con- fidence of this Board of Supervisors, and for the best interests of the community at ‘arge we deem the removal of its members from their office necessary, and the Mayor is earnestly requested fo see that their offices are’ declared vacant forthwith.—Excerpt from resolutions dis- by the Supervisors. e S = = o ol o o o B e e o o . L4 :. CASE FROM THIS CALENDAR. . . . behalf of the citizens of the State of ifornia cordinally thanked the Presi- dent for his prompt and effective action. The President informally chatted over other matters with the gentlemen and expressed a hearty desire to be abte to visit California. The committee returned to Philadelphia on the evening train. KINYOUN BEGS FOR MERCY IN COURT Dr. J. J. Kinyoun, the Federal quaran- tine officer, whose insolent and dangerous irresponsibility has placed the Interests of California In jeopardy, will not soon forget his experience vesterday before United States Circuit Judge Morrow. The arrogant bearing of Dr. Kinyoun had van- ished. in fensive, incompetent, injudicious meddler, whose orders had been revoked by his superfors at Washington. His brief au- thority has gone and he stood under the scrutiny of the court on an accusation of contempt. He heard the scathing denunciation of the Judge and listened to the judgment that if he has by his wild, arbitrary ac- tions committed a contempt he shall be punished by the court whose decrees he is accused of ignoring with the same in- solence as he has in malice and vindict- tveness ridden rough shod over the inter- ests of the people of the State. And as Dr. Kinyoun listened he probably reflect- very serious matter, punishable by fine and imprisonment which no appeal can revoke. He pleaded, through his attorney, that he had not knowingly committed a con- tempt and he received the ominous infor- mation that his plea of ignorance will avall him nothing Called tfo accounting for an unwarranted outrage he begge that he be forgiven on the score of in- He stood before the Judge in a | courtroom crowded to the doors as an of- | ed that contempt of a Federal court is a | D i e O e e e i e o e ] 4040 D400 PO RE RS DDA S DS DS DD S DS SU DWW e S S S s o 1 ® F DR. KINYOUN IS TO COMPLY WITH ANY ORDERS,” SAID JUDGE MOR- ROW, “HE IS TO COMPLY WITH THE ORDERS OF THIS COURT. SIRE TO STATE THAT NO AGREEMENT OF COUNSEL CAN REMOVE THE IT MUST REMAIN HERE TO BE DISPOSED OF, AND THE DEFENDANT MUST ANSWER WHETHER OR NOT HE HAS DISOBEYED THE ORDER OF THIS COURT, AND IF HE HAS DONE SO HE MUST BE PUNISHED. NO CONTINUANCE WILL CONTEMPLATES A DISPOSITION OF THE MATTER UNTIL SUCH TIME AS IT WOULD BE SUPPOSED THE COURT,WOULD OVERLOOK THE OFFENSE. THERE IS NO HIGHER POWER OR AUTHORITY IN THE WORLD; THERE IS NO APPEAL FROM IT.” ® MW‘W—WMW’Q.‘,WWMH”**% | competency in not knowing the effect of | the laws. He was given a week in which to defend himself and when that time expires he must appear again in court. |, The courtroom was crowded with prom. | inent citizens when Judge Morrow entered and took his seat on the bench. All of the attorneys who have been concerned in the quarantine cases since the beginning of the trouble were present. Dr. Kinyoun entered the courtroom with United States District Attorney Coombs, looking nerv- ous and troubled, and took his seat at the table. There was a pause of several min- utes while the court disposed of some minor matters and then Judge Morrow announced that he was ready to hear the contempt proceedings. Mr. Coombs, appearing for Dr. Kin- | youn, stated that Kinyoun was wiliing to comply with the order of the court with reference to all of his future acts and asked that the contempt matter be held in abeyance, Kinyoun having promised to be guided in the matter by the opinion of the United States District Attorney. He added that Kinyoun is willing to act | in conjunction with the State authorities and Governor Gage and to proceed ac- cordingly. Judge Morrow listened attentive- /1y to this humble apology, and then sald, with an air of great severity, which scemed to wither the trem- | bling Kinyoun: “If he ix to comply with any or- | ders he is to comply with the orders of this court and the orders of this court only.” R0 Mr. Coombs—Yes, sir; Mr. Shortridge said he did not object to a continuance for a week or ten days, as he had under- stood that the quarantine had been raised by higher authority than Kinyoun. Judge Morrow—The matter in- volves the anthority of the court, and no other authority or power hasx anpything to do with the pro- | ceedings of this court. It is the | bounden duty of the court to protect its process; the processes of this court must be obeyed. I should not object to a reasonable time of con- tinuance in which to make return of BE RECOGNIZED THAT } : 9 i : : : ¢ + + I DE- % | g i Q * + ‘ b % 3 this order to show cause. I desire to state that no agreement of coun- sel ern remove this case from the calendar. It must remain here to be disposed of, and the defends: must answer whether or not he ha: disobeyed the order of this court, and if he has done so he must be punished. Judge Maguire said that there was no intention on the part of himself or his assoclates to ask for a dismissal. Judge Morrow—No nagreement of that kind would be recognized by the court. The continuance will be recognized that contemplates a dis- position of the matter until such time it would be supposed the court would overlook the offense. The court will exercise its power without reference to eny suggestion or the part of counsel. The court has taken certain steps with respect to the matters involved in this case, such as injunction, ete. If, at any tirue it is desirable that there should be any modification of the injunc- tion the court is always willing, upon a reasonable showing, to mod- ify an order. If counsel have any doubt as to the limits of their au- thority, they must seek the inter- pretation of the order from the court itself. There is no higher power or authority in the world, there is no appeal from it. The de- termination of the court is final in its interpretation of its' own orders and injunctions. This court is al- ways open, day and night, for the purpose of making any reasonable modification. Counsel have no au- thority to interpret the orders of the court. They may advise their clients as to the scope of the order, but that is no excuse, they will be punished just the same. Judge Morrow ordered Kinyoun to file %z return ta. th.d &mrc‘, to aow cause thin a week, and Mr. Cooml hat would be done. b J. C. Campbell said that he was stopped | morning. Mayor Phelan Called Upon fo Remove the Local Board of Health as an Irrespon- sible, Incompetent Body, Dangerous to the City. B Indignant Citizens, Irrespec- tive of Party or Policy, Insist That the Perpetra- tors of the Ontrage Be Punished. —— from going on the steamer to Eureka last | Saturday, because he had no health cer- | PR R R RN RRRRY R RN R R R RN RN R, KRR R R R R R R R R R R said Judge Mor- row, and therée was a general laugh. The court then adjourned and a curious crowd collected in the halls to watch the crestfallen Kinyoun leave the courtroom. He had lost entirely his air of superiority. United States District Attorney Coombs had prepared an answer to submit to the court on behalf of Kinyoun, but, owing to the sudden withdrawal of the quarantine, he considered it best to ask the court for more time in which to look into the mat- | ter. The principal point made in the an- swer as prepared was that Kinyoun had | not violated the injunction, in that he had | not required health certificates of travel- ers who did not intend to go beyond the State borders, although Kinyoun admits | sending the order to the Southern Pa- | cific Company. | Mr. Coombs was not officially asked to advise Kinyoun until 10 o'clock yesterday In speaking of the case he said: | “I ‘may now say frankly that I advised | Kinyoun on last Friday not to esl.«.hu'.-h‘l the State auarantine, because it would be in disobedience of the orders of the court. “The Federal officers have been instructed to consult me. I shall ad- vise with Governor Gage as to the inauguration of some systems of in- | D vestigation. I shall advise against anything secret. Every investiga- tion must be open, with no star chamber diagnosis. I have been told that ten cases have occurred in about three months. While China- men jam themselves in a room like sardines in = box there mever has been a recurrence in a house of the same malady of which one has died. This, in the face of the unsanitary conditions that breathe contagions. This should be investizated. It does | not appear to me that proper means have been employed to prevent epi- demic, yet the disease has refused to | k assert itself as epidemie. “The conclusion of the public | mind must be that the dise has not prevailed here, “The order of the court permits | the application of sanitary meas- ures in the houses where suspected cases have arisen. The proper pro- cedure would be to direct attention to those cases and to those houses.” ASKED TO REMOVE THE HEALTH BOARD A sensation was created toward the close of yesterday's meeting of the Board of Supervisors by McCarthy, who pre- sented a resolution calling for the resigna- tion of the members of the Board of Health. The resolution briefly reviews the flagrant attempt of the health officials to fasten an epidemic of plague upon this city. It contains a scathing denunciation of the pecullar methods employed by them and is in full as follow: Whereas, The quarantine recently estab- lished by the Board of Health was a violation of the rights and privieges of the people of the Chinese race, for the reason that-it.was im- posed upon the Chinese race only; and ‘Whereas, The sald Board of Health, in quarantining twelve blocks in the center of this city, falled and neglected to isolate the prem- ises’ wherein plague cases were alleged to ha been discovered, thereby affording no prote tion whatsoever to the residents of sald dis- trict and by the general quarantine making it nossible for the residents to protect them- | n Whereas, The said Board of Supervisors is of the opinion that the Board of Health is com- posed of men who are not competent to rec- ognize bubonic plague, and have failed to es- tablish their assertions that the said plague exists In this community, although they have had every opportunity to prove the truth of thelr assertion both In court and out of it, and instead of welcoming the assistance and sup- port of the medical profession in a matter of such grave import to this community, have conducted their alleged examinations in the strictest secrecy, and by their acts proved that they feared the ecrutiny of medical men of repute who are not looking for political fa- vors; and Whereas, The sald Board of Health used as an argument before this Board of Super- visors, to induce thig board to authorize them to quarantine the Chinese quarter, the asser- tion that if the Chinese quarter was not so quarantined, then, and in that event, the State Board of Health would quarantine ‘the entire city, and they thereby induced reputable mer- chants to appear before this board and petition this board to quarantine the Chinese quarter as the lesser of two evils, and not because they belleved there was plague in the city; and Wkeereas, It now appears that the State Board ot Health could not quarantine this city without the sanction of the Governor, and the Governor had already refused to approve such a measure, therefore the argument that the entire city was in danger of quarantine was maliclously and falsely made to this Board of Supervisors as the Board of Health at that time well knew that the State Board of Health had tried and falled to quarantine this city, ow. ing to the good common sense of our Governor; an Whereas, The recent quarantine has been held to be wrongful and oppressive, the Chiness people may have a clalm against the United States Government for a violation of their treaty rights, which may amount to hundreds of thousands of dollars and which eventually this city may be called upon to pay; therefore Resolved, That the Board of Health no longer has the support and confidence of this Board of Supervisors, and for the best Interests of the community at large we deem the re. moval of its members from their office nec- essary, and the Mayor Is earnestly requested to see that their offices are declared vacant forthwith, In presenting his resolution an, MeCarthy ““the Board of Health has placed itself in a peculiar position to say the least. By its questionable methods in declaring the existence of a plague, which to my mind and in the opinion of a large number of citizens, never existed at all; by the so- crecy which characterized its every move and the fact that the assistance of medi- cal men was never asked: by its establish- ment of a reckless quarantine, which has done_incalculable injury to the commun- ity; for all these and many other reasons 1 say that they are a discredited body and they ought to resign of thelr own accord instead of being called upon to do s . I move that the rules be suspended and the resolution be taken up for immediate ac- tion.” The motion to suspend the rules was lost, Fontana, Helms, McCarthy and Reed alone voting aye. The resolution was “rfc"edD“R the Comm{tetdee on Judi- clary after ncona opposed the refer- ence to the Committee on *Health. *1 would suggest,” sald D’Ancona, “that the board investigate the authority of Dr. Kinyoun in quarantining the State. Aside | from the question of the existence or non- existence of the plague, 1 belleve that Kinyoun had no authority to interfere in State matters unless ordered to do so un- der some rule or regulation issued by the Secretary of the Treasury.” Brandenstein desired to introduce a res- olution calling upon Kinyoun to expiain his position, but it developed that the boi had no power to act in the prem- ises. ‘The ordinances rasea.l ordinances 85, 87 and 89, providing for the qum.n‘: of persons, houses, places| THE EMPCRIUM. | Dress Goods Remnants, Embroidery Remmants, Wash Fabric Remnants, Tapestry Remnants, Closing out our entire stock of Second Alsle—Left of Entrance— While Quantities on Hand Last. Remnant Sale To-Day. Arother opportunity this day only (Tuesday) to buy Remmants of all kinds of New Summer One~-Quarter Off. Remmnants of Scrims and Nets. “Stutigarter’’ Underwear Sale. garter’’ Sanitary Underwear—Vests, Pants and Combination Suits—at one~guarter off regular catalogue prices. - - Men’s Furnishing Goods. The balance of several lots of goods left over from previous sales—again price reduced fo close them out at once. White Shirts 250 (sizes 14 and 16}.) Linen Collars 250 dazen (sizes 14, 184, 19 and 20.) Golf Shirts 25@ (sizes 144 to 16}.) Mercerized Cotton Sox, 3 pairs 500e Sand for N The our Premiere }Zpagek and Rfal Kid ireworks Gloves, Oitdlogie: GoldenRule Bazaar. $1.50. CALIFORNIA'S LARGEST--AMERICA'S GRANDEST STORE. erchandise at Lace Remnants, Veiling Remnants, Ribbon Remnants, Silk Remnants, Ladies’ and Children’s ““Stuff- Suspenders 19¢e AR AR AR AR AR R AR AR AR AAR AR AAR AR ARG RR AN AR A QAR A AL G AR A AR AR A RAR AR A aaanan and districts provoked a spirited discus-| D'Ancona wanted the resolution re- sfon. ferred to a committee, but Brandenstein opposed the reference and advised instant | action. & “We want to advertise the fact,” said| Brandenstein, “that the Board of Health has specifically and emphatically declared that there is no occasion for a quarantine at_the present time." £ The _ordin, was then unanimously assed to print. Mr. McCarthy is of the opinion that the Board of Supervisors was bluffed into Serving the ends of the Board of Health, and he minc in saying so. ‘“When they came the meeting of Ma; ' he said last evening, “they told us that if Chinatown were not quaran-| tined the whole city would be quaran- | tined, and that it i be better for the city o have the C! kept in detention | | than to have the whole population placed | under the ban. They had used the same | ent on the merchants and th max nd, time that they had been to the Governor, or at least that the State Board had been to the Governor, and that he had abso- ely refused to consider a quarantine of ““They knew that without the Governor's sanction they could not be quarantined but still they came to us and threatened us with a quarantine of th: ty if we d low them to tie up Chinatown. W passed the order under the impression that we were saving the city from a great deal; we did not know that the city was in no danger and that the Board of Health was forcing us into supporting them by a threat they knew was a hollow one. “My resolution asking the o Health to resign is gaining in_strength | and it will not be long before it passes. | A week ago I was the only one to vote for it; this week I have five votes, and would have had two more, only when I asked for them those two men said they | had appointees working in Chinatown and | they were not going to vote against their interests. “The whole thing has been a bluff even so far back as last March. In March. when we fought against giving the Health Board all the money they thought they could possibly use and reduced the amount to $20,000, Willlamsen said to one of the Supervisors: ‘They have Oriental plague in Honolulu now: take care that we don’t get it here.’ It was a threat, for in a few days after the Board of Health reported their first case.” GROSS SLANDER ON WATSONVILLE Dr. J. J. Kinyoun, the discredited quar- antine officer, is as eager now to make amends for his outrageous actions as he was before to enforce his arbitrary and unwarranted commands, When he placed | the State under quarantine rumors, | adroitly circulated from his office, were| given out that a suspicious case of plague had been discovered at Watsonville. ] Call instituted an immediate inv tion and proved the gross injustice ¢ rumors. And now Dr. Kinyoun, in the follow- ing letter, is forced to admit the fact: Office of Medical Officer in Command, Marine Hospital Seryice, San Francisco Quarantine: San Francisco, Cal., June 1, 1900 Dr. P. K. Watters, Watsonville, Cal.—Dear Doctor: In response to your verbal request of this date relative to an inspection made by my assistant, Dr. B. J. Lloyd, M. H. S. I take pleasure In Informing you that his report states that the health of the town is excellent and there was no case of bubonic plague nor anv evidence of the disease existing at the time of his inspection. The health of the people so far s could be ascertained was excellent. Only one death had occurred among the Chinese pop- ulation for six weeks, and that was from ctr- rhosis of the liver. With regard to the rumor of the existe bubonic_ plague in your city this office responsible for the seport. Respect(ally of KINYOUN, Surgeon M. VIGOROUS APPEALS TO THE PRESIDENT Before the weélcome news was received yesterday from Washington that the na- tional authorities had taken steps to stop the outrage committed by Dr. Kinyoun's arrogant action two letters of importance were sent to President McKinley. One of these epistles was from Governor Gage and is as follows: SAN FRANCISCO, June 16, 1900. The President, Washington, D. C.: r. Kin- youn, the Fedéral quarantine officer of this | port, claiming to act under your authority, has | unreasonably and unnecessarily ~quarantined this State in_opposition to my full and fair re- port to the Honorable Secretary of State, un- der date of June 14, 1900, and also—among other things—in_oppesition to the opinion of Judge Morrow of the United States Court, rendered yesterday, dissolving the quarantine. “Through Dr. Kinyoun's conduct in the past, as well as his present action, the reputation of the State, the rights of citizens, as well as tha rights of foreign subjects, are outrageously im- paired. = T am informed that Dr. Kinyoun transmitted dispatches yesterday to Washington through ficial channels wherein are contained unwar- ranted statements and improper reflections. He bas been advised by the United States District Attorney that his course is unjustifiable and he refuses to withdraw his last order of general quarantine without further instructions from ‘WashinZton. On behalf of the people of California, I re- spectfully protest against his actions, and re- Uest immediate relief for the people of this tate, the traveling public and the commercial ingerest of the coast. Your most obedient, hum- ble servant, HENRY T. GAGE, Governor of the State of Californi The second letter was from the Chjnese Merchants’ Exchange of this city and was as follows: The President, Washington, D. C.: Governor Gage, Federal Judges and expert physicians and bacteriologists have decided that plague never did and does not now exist in this Stats, Fed- eral courts ordered quarantine of Chinese quar- ters raised and. enjoined Kinyoun, Federal Quarantine Officer, from prohibiting Astatics Raving city. Notwithstanding this injunction Kinyoun yesterday quarantined State and is- sued order prohibiting rallroads from selling transportation tickets to points outside State and steamship companies from selling transpor- tation tickets to coastwise ports in State unless passengers procure from Kinyoun certificate that they are free from infection or plague or of conveying same. This 3 &eneral terms, was intended only to agply reds of these certificates were all persons other than Asia- * interroga- Asiati ily refused. Permits were {ssued by persons who had bes th Chinese contin; ORDER FREE TO TRAFFIC off_b; and Drs. Mc@e: ant surgeons have been rec for San Fr in Trouble. the ance till to-me ing I to his character and the Judge so ¢ ADVERTISEMENTS. | 1s what many women have tried to escaps their mean and in doing so have sacrified hearts to Mammon. It might bappiness, but it did mean emancipation from slavery. 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