The San Francisco Call. Newspaper, November 10, 1900, Page 14

14 THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 10, 1900. CIVIL SERVICE IN THIS , CITY HANGING UPON THE MEANING OF A PHRASE The Legal Battle Before Judge Hebbard Revolves on the Contention That San METSON TELLS HOW HE WAS WARNED NOT TO PROCEED TOO FAR IN THE SERVICE OF HIS MINER CLIENTS 'Says He Was Told There Would Be Bloodshed and That Five or Six Men Would B2 Killed—McKenzie Will Be Forced Either Francisco Is a City and County. to Contradict His Attorneys or Admit Ignoring Advice. .. oo 34 ’ s cco a city or a city and | torney I erney have | | = = " » stion around | contende th ch has been ~ e mass of issue has not | 1 ng ¢ authorities Campbell mons, ede e fate of > the de- | | = - s charter. ¢ by the hig 3 Juse C. Campb At noon Mr. | | g o4 roblem be- | Campbell con at | | x and on|the end of the r et McEnerney | | ’ will close the de- i who was v Attorney | | , logical and | | . tset he con s anction temporarily granted b made permanent. He in- 4 . h can be in- | | m s | er | & s communiti | o« Courts . i nt te 1 gat y effort I le | . - i s : county | | &h I3 absolutel uthor- | | f 1ty an Francisco has | | ! our years, he said. | ¢ e ST : It never exercised the functions of a | OST of yesterday Attorney W. | | ¢ way provided by law H. Metson was under exami- | act was adopted nation before United States | the city and Commissioner Heacock and | hat there was the when court adjourned he had distinct | still more to tell. Attorney Thomas J. | i he county | Geary conducted examination | er point of view it is im- | and Attorney E. the direct government act to clares that all be abso- 1 is impossible if the nment act. ecided emphatically, defi- by the Supreme Court, attorney, the men who seeking to tle up the Civil Service ancisco. The at- | tioning Metson told of some of the events e opinion t there | of the miners’ fight that were most sensa- onsolidation act the | tional, and for the first time since he has new political corporation, | returned from the gold fields he admitted & of the c that his life was threatened while he was examination, ar timony that will do no good to the ring in Nome was brought out | In the morning under Pillsbury’s ques- battling for the rights of his clients in deflance of the opposition of the authori- tles in Nome. In the meantime the case | | of the miners is gaining in strength, and ! as the testimony piies up it looks more | and more as if the crash when it does | | Hale’s. Hale's. another busy Saturday at Hale’s new store the store is full to-day of things of interest to man, woman and child, because of quality, style, beauty, variety and price All cable cars on Market street pass Hale's. the new belts first floor—second aisle. various and fanciful novelties are represented in this gathering of the latest belt ideas. prices, too, are most reasonable. a hint of two styles—both are splendid values. black corded satin belts—a late black velvet pulley belts—made inches wide— With the new pointed back and 75¢ trimmed with gilt brald—each. 3Q¢ interesting news of perfumes and toilet requisites first floor—front. if you want the best perfumes and toilet articles that money will buy you must get Hudnut’s goods. if, on the other hand, you want the best goods that less money will buy you'll find them in profusion at this beautiful department. Palmer’s Florida Hudnut's cuticle water—per bottle...... acid for the nalls...... 5 208 o i ridl violet and _Tappan's tollet wat- a rose tollet soaps—per ers—2 ounce bottles— box of three cakes.... e€ach --23e 11e¢ Dr. Girard’'s tooth fancy cut glass powder—per package atomizers—each.. 3¢ ------- 10 Baliley's complexion brushes for beautlf: ing the skin,each 43¢ our hairdressing department is in charge of Mr. and Mrs. A. F. Cos- grove. have you seen the new Marcel undulating? the new French wave? sale of knit underwear first floor—fourth aisle. our testimony about the underwear now on sale here is worth something to you. they are not odd lots picked up haphazard on the market, but they are superior goods made especially for our public. we have no threatening terrors of higher future prices to present—but we do submit that we could not duplicate the goods to sell at our present prices. the urgency of present advantage is our excuse for again asking your attention to the line. children’s vests—light tan in color, with white fleecing inside—extra heavy—finished with silk binding on fronts, pearl buttons and covered seams—sizes 20 to 34. we have no pants to match them, so make the price about half— only . e 280 ladies’ genuine fleece lined Oneita union suits—the kind that button across the chest—winter weight—finished with pearl buttons, covered seams, gussets in arms and wide laps in back—colors, natural gray and ecru—sizes 3, 4, 5 and 6—per suit, only crereredBC ladies’ jersey ribbed non-shrinking, wool mixed vests and pants—vests are finished with silk shell fronts, pearl buttons and gussets in arms—pants are made with French bands, wide laps in back and shaped ankles—all seams are covered—color, silver gray—sizes 4, § and 6— ‘we have never offered better garments for the price— each only......... RO 50e But the its of e tha \g the argument developed a point have great weight on | Hebbard. City At- | ion, paralyze its labors and inter- | come will be a record breaker, he orderly rent of the great-| As the case stands now, it appears from t the county government act ap- | Kenzie advised him, after the second » part of San Francisco and part | Writs (those of arrest) arrived in Nome, Where the division 15 to be made no |10 the mineowners. It has been shown < e = cer | that both Geary and Dubois, who acted cd by State laws, | OD€ has been able to tell and no one ever | ¢ ot 4 ve héw any ter. | Wil be able. No such division can be. The * fs McEensias conufel, 110 Mataonithat | Turning then to a discussion of the|When the McKenzle case comes up Me- motives of the case, Attorney McEnerney | Kenzie must gSither admit that he acted declared that the action has been brought | COMFATY to the advice of his counsel or slon. The court, he contended. has abso- | snn motning ssssion, befors " Comints lutely no right to issue an injunction pre- | {onet "a?’:f e d?“w‘l il et venting the Civil Service Commission | {inuation of the examination of Metson, had arrived and it had been decided to sion has the right to hold as many ex- | preak into the vault where the du\l‘was aminations as it pleases. If there {5 an | gtored, Geary cq o him a 1 : st effort and purpose to best the civil e el et S b only | qust without a fight, and that if ther legal way to do so is for some head of 24| was a fight there would be five or six municipal department to refuse to accept | men killed: and if Metson was among Commission | was told that if he persisted in breaking In this way the civil service principle in | into the vault he would probably bekilled, the city could be tested. If the Civil Ser- {and if he were not several others of its own candidates, then an action | for their deaths. Geary said to Metson would lle, but not in the way sought by |that he did not want him to get hurt | and he had better make a stipulation that in the State, de- | the evidence'that the attorneys for Mc- does not. that he had better dellver up the dust e ver-|law d1d not intend that there should be, | they had so advised their client, and simply and solely to tie up the commis. | CORtTOVert their positive statements. from holding examinations. The commis- | Loy oroea aoylon the writs of arrest service clause of the charter the | Sox McKensle wouly dewsr &ive iip this an officer supplied by the Civil Service the killed it would be his own fault. He vice Commission removed a deputy for | would be and he would be responsible the present suit. Further than this, the attorney said, a|the dust should not be sent out of the court of eaulty docs mot take cognizance | country, but should be placed under the of political cases. Neither the manner of | jurisdiction e Cf ! instituting the suit nor the court in which | of the \Cunill Court ot Aye it has been brought is proper. The suit | peals. Both Geary and Dubois then said enjoin the alleged misappropriation ana | that they had advised McKenzie to give aditure of public money involves | Up the dust, but it did not look as if he rtling proposition that the Auditor | was going to do so without a fight. Met- and Treasurer may be enjoined from pa — McKENZIE, THE RECEIVER, WHO SPENDS HIS TIME DODGING AT- TENTION IN THE CORRIDORS OF THE PALACE, AND ROBERT CHIPPS, PLAINTIFF IN THE PRINCIPAL NOME MINING SUIT. + + Market street, necar Sixth, opposite Golden Gate ave. + Two police officers—Willlam Isaacs and Peter Gillin—had a wordy dispute at Pine and Devisadero streets late Thursday night, which culminated in Gillin striking his brother officer across the face with his revolver, cutting an ugly gash. As Isaacs fell from the effects of the blow, Gillin raised his revolver as if to shoot, but was prevented by “Lep” Korn, a cigar dealer, who witnessed the trouble. Some time ago Gillin and Isaacs had trouble over the arrest of a man named | 'USED HIS PISTOL AS A CLUB TO ASSAULT HIS BROTHER OFFICER Quarrel Over an Arrest Nearly Ends in a Shooting Affray. | perior officer of the trouble. |, Yesterday morning Isaacs visited police | headquarters and submitted a written re- port of the trouble to Chief Sulllvan. He declared that Gillin was under the influ- ence of liquor at the time and acted like a man suddenly bereft of his reason. To- day formal charges will be preferred against Gillin. ing any claim whatever, and this the torney asserted, is not the law in Cali- | forn | On Monday morning John Garber will argue In conclusion for the injunction | upon the Civil SBervice Commission, | For a Cold in the Head. Laxative Bromo-Quinine Tablets, —— el YOUNG GIRL DRINKS ACID AND EXPmESi No Reason Can Be Assigned for the Suicide of Miss Adah Purington. Miss Adah Purington, the 18-year-old daughter of Henry O. Purington, a wool buyer, committed suicide by drinking car- bolic acid at her home, 2627 Pine street, last evening. No reason can be assigned for the girl's sad act except the family’ determination to make their future resi- dence in Oregon, which change the girl objected to. Yesterday afternoon Mrs. Purington left her home to make some putchases. When she returned she found her daughter alone and unconscious on a bed. Not knowing what was responsible for the 's con- dition the crazed mother called a physi- clan. The doctor discovered an empty carbolic acld bottle and a whigky glass half full of the poisonous liquid near the bed. He applied restoratives and used a stomach pump, but his efforts failed and in a short time the young woman was dead. After drinking the acid Miss Pur- ington had with a handkerchief carefully wiped what remained on her lps. The father of the girl is at present in Oregon. She has a sister, Miss Frances, a nurse. —_—— ‘When taken at the proper time a little Jesse Moore ““AA” whiskey will prevent a cold. —_———— For Primary Election Law. The Iroquois Club at its meeting last night authorized the appointment of a committge to confer with other party or- anizations and members-elect of the §ekisiature regarding the speedy _enact. ment of a primary election law. The chairman nameé the following committee: W. 1. Brobeck, R P. Troy, Joseph Gor- man, Cherles Giidea and T. Carl Spelling. The club sent the following telegram to W. J. Bryan: The Iroquois Club has confidence in your patriotism, leadership and Democracy. RUBBER NECK! U SEE’EM ALL RUBBER- 0 Y ing after our $1.38 Hat. It's @ Hat that excites admira- | tion from those that know style, | know quality, know what a real | good Hat is. STIFF a SOFT IN EVERY BLOCK THAT IS CORRECT $1.35 UNION LABEL IN EVERY HAT. RUBBER! Trunks & traveling bags. Before buying see our “bureau trunk.” A. B.Smith Co., 128 Elils.® TR T In the Divorce Court. Decrees of divorce were granted yester- day to Agnes J. Potter from Andrew J. Potter for desertion and Edwin N. Gag- non from Ella Gagnon for desertion. Suits for divorce were flled yesterday by Julia Wiese against Charles Wiese for de- sertion, Flore Gianbastiani against Je- seppina Glanbastiani for infidelity. Joseph son declined to make any stipulation, but he informed the attorneys that he was going to'have that dust if he had to take it _himself. It is a vital point in the case to show that Dubols was acting for McKenzle, and in support of the charge that he was, Metson told how, in the proceedings, Du- bols first acted for the plaintiffs, Comtols and Chipps, and later for McKenzle, the receiver. This was objected to in open court, and from that time Geary appeared for the receiver, but he was often in con- sultation with Dubois and it was general- ly understood that Dubols was attorney for McKenzie as well as for others. Continuing Metson said that when the first writs were served in Nome an at- tempt was made to have the District Court fn Nome enforce them by some or- der directed to the Marshal, but instead Judge Noyes made an order showing that he had no further jurisdiction in the mat- ter, the case having gone to the Circuit Court of Appeals, and by this the defend- ants were shut out from any rellef in his court. It was thought that this would end the litigation in the Alaska court, but when the plaintiffs came in with an ap- plication for an order restraining the de- fendants from taking any of the gold they dug from the mine out of the country, the court seemed inclined to grant it. The defendants had by that time taken possession of the claims and were work- ing them, so the object of the application was obvious. In vain Metson pleaded and argued before the court, and then he fin- ally produced the orders the court had made that very morning. The orders were to the effect that the court had no further jurisdiction in the case and Met- son asked how then could it take up the application for an injunction or restrain- ing order made by the plaintiffs. ““What did the court say to that?” asked Pillsbury. “Nothing,” sald Metson. ‘“Judge Noyes sald nothing at all; he went on and grant- ed the restraining order the plaintiffs had asked for.” Metson then went on to explain that these orders were not flled; they had merely been slipped into the papers and it was a question as to what value they held in law anyway. were sufficient to hold the defendants back while the plaintiffs got ahead. Metson then took up the subject of the keys of the vault that had been placed in the hands of the District Attorney, Joseph Woods, and how he refused them up. He retold also the story of how the miners went to the bank and took what the law sald they might take. Kenneth H. Jackson, who was on th stand Thursday, was again called, time to show that he had induced Judge Johnson, who preceded Judge Noyes on the district bench of Alaska, to reli{n. The inference of the questions was that Jackson had paid Johnson a) ch that thought of. ny such transaction was even Johnson s his ner in ‘At any rate they to deliver o this g $25,000 nollht‘o int a receiver in the cases against his g:l’; and to resign, but Jackson denied o Lindblom, who was his first client, he had no idea that there was to be such litiga- tlon over the Discovery claim as he is now | involved in. He said he took Lindblom's ‘case because Lindblom expected that his rights would be attacked on the ground that he n allen, and to that end Metson prepared his client's _proofs of naturalization and brought Lindblom’s | naturalization papers with him to Nome. It was also expected that the claims of a | man who had grub-staked Lindblom at | one time would cause trouble, but before | Metson went to Nome the man had deeded | all his rights to Lindblom. Metscn then went on to tell of the | -+ events in the bank when McKenzie was not allowed to take any of the gold away. Also how, when the writs of supersedeas arrived, he demanded to know when the recaiver wouid obey them, and when the receiver refused to set a day or time he told McKenzie and his attorneys that his clients would enforce the writs them- selves. He told, tco, of his request to Geary, asking how Geary would advise his clients in the matter of the writs, and how he got a ‘“no.’ polite or otherwise, for an answer. The whole proccedings were gone over again in detail, and there will be more to come this morning at 10 o'clock. William Obenauer, who conducts a cyelery | at 1802 Devisadero street. Isaacs ordered | Obernauer to remove some bicycle racks which were in front of his store, and to | get even with him the bicycle man posted | a notice on his window severely criticizing the action of the policeman and warning | the public against him. When Isaacs saw the notice he became angry, and going to police headquarters he swore out a war- rant for Obenauer’s arrest for causing a breach of the peace. | Obenauer was tried by a jury in Judge | 1; Cabaniss’ court and was acquitted. | Wri The folowing day he preferred charges | CO: against Isaacs with the Police Commis- | s Sioners, but subsequently withdrew them. G"S';fizfflafi:‘fi:fie Sugar, 173 Ibs..$1.00 SPECIAL BARGAINS SATURDAY, MONDAY and TUESDAY Who is interested in saving MONEY and ES: the cost of LIVING? See Give us a trial order and A few that’ll Children’s Coats Children's Automobile Jackets, sizes 2 to & worth $37. OUR PRICE .o. ‘Women’s Dressing Sacques Red, pink, blue or eiderdown, hand- crocheted edge of worsted all sizes; - R = BRICE St e DOC Will sell to-day 14 dozen FLANNEL- ETTE WRAPPERS, flounced or plain, trimmed with braids, waist lined, ali sizes and colors; worth 31 OUR QS & PRICE .... Skirts If you are in need of a skirt pick up this ‘snap: Accordeon-plaited Moreen Skirts, all colors; re rice $1. TO- DAY OUR PRICE 1s. -80c orsets Thompson _Stralght-tront Corsets, the very ‘newest thing In _corsets; $175 auality. "TO-DAY ONLY G OF Flannel Wear Women's English Flannel Wwalst and sleeves lined; ale new shades; sizes ilar, and front trimmed with gold praid, lined throughout; sold elee- §5€) €Y where at $4. OUR PRIC! 8ilk Waists Corded front and back, all lined: come 1212-1214 MARKET STREET, Between Taylor and Branch O %:n-ing you to us to-day. SALE OF MUSLIN UN Jones. Store—106 Sixth st. od things W DERWEAR omen’s Night Gowns Made of best muslin, coll edged with lace, yoke t:{x'nll-l:dd :‘Ilfl'; embroidery. TO-DAY'S Pmcm40c Women’s Drawers Umbrella style, hemstitched, made of best. 11 BRI e e B O8C Women’s Drawers Made of best muslin, Lole Fuller style, ruffle neatly tucked and trimmed with inch lace or embroide . DAY'S PRICE. - rvvnsns Oc 50 other styles of Nightgowns, Draw- ers, Skirt Chemise and Skirts, from the st to the best cheapes ALL B! PRICE FOR TO-DAY'S SALE. Hosiery Children’s Fine 5 to 8%; worth AT Ribbed Red Hose, sizes 35c. ON SALE 35c¢ Per Pair ‘Women’s Fast Black Wool Hose, spliced heels and toes; sold everywhere 3 pairs for §1. OUR PRICE... ol b Bor Pair 28C ‘Women's Fast Black Cashmere double _soles 18 ‘where at 50c. OUR PRICE. ter 11 o’'clock Thursday night c.fifx?"_‘ é‘v‘h: is friendly with OLnnuer. | Bretonnes Clubs Sardines, large can...20c Best French imp. Regular 2Sc. 40c met Isaacs and proceeded to denouncs | him in scathing language. saacs, who | Forn, ¢ Finest Creamery Butter, square......... Fine Butter is our motto. Regular 8. had been talking to he cigar man, | Choice Point Reyes Butter, square. Regular 45c. is brother officer appeared, start- Estg?v?fll aw:{. ‘With an oath Gillin s Best City Eggs, dozen .. From the Mission. Regular 50c. whipped out revolver and struck | Isaacs across the face. “T'll Petaluma Strictly Fresh Eggs, dozen..25¢ Guaranteed. Regular Sc. fix you this time,” shouted Gillin, Duffy's Pure Malt Whisky. aised his pistol and pointed it at :l‘:eh;r;st!l"nte for%x of his vietim. Just Table Fruits, extra quality, 3 cans. New pack Peaches, Apricots, Pears; then Korn stepped in front of the blood- 6 cans. Regular e can. thirsty policeman and begged him not to eading Gillin re- Mocha and Java Coffee, 4 Ibs. "Reter _considerable - pl er _conside: gll pocket and left the scene, after threatening to blow By special request we again give thance to get the best coffee. Regular 3ic Ib. placed the revolver in Issacs’ head off if he informed his su- L e e o S e T ) Macaroni, Vermicelli, Spaghetti, box..20¢ Regular 2. | SULLIVAN’S SENTENCE { FOR PENSION FRAUDS | ; w Harper's Whisky, quart bottle..85¢ 10 years oid. Regular §i 25. Impersonates Dead Brother-in-Law | . o Gommis ey o D | SO Coca, £ Ermact Uy v “E | Pure Cat. Ofive Oil, qt. bot. John D. Sullivan, the bogus pension Warranted El Pearl Farm claimart, recelved sentence yesterday Regular §1 00; pt. bot., #c, regular . morning at the hands of United | Baitimore Cove Oysters, 3 cans ........25¢ States District Judge De Haven. The Limit 6 cans. Regular 12%c can. prisoner had pleaded guilty on the | Sweet Cakes, Fig Bar, Nic-Nacs, 1b.....12§¢c previous day of having flled a false state- Cocoanut Tafty Lemons. Regular e ment in support of an application for a pension as a soldier of the Civil War by representing himself to be a soldier who had died a year or so before; he had also pleaded sullty to the charge of perjury. | Sentence on the first charge was Im- | prisonment in the penitentiary for one year and a fine of $100, and on the sec- ond charge imprisonment for a term of four years after the expiration of the first term. Sulllvan married a sister of John Ken- New Season’s Teas, b 4 kinds. Regular Tic. Scotch and Irish Whisky, qt. bet...... Finest tmp. Edinburgh and Lefth. Regular §1 50. Limit 1 bottles. Lekko Soap, 4 cakes.. The only cleaner in everything. Regular 100 cake. , 7 for... 25¢ a Humboldt, Sanchez & Haya, Belmont an all leading brands, 12%c size, 10c. edy of the Third Iowa Vol SOLDIER BOYS IN MANILA. S S St SeSR KF L | R n ot o e nsion and the application o arrive for 3 ¢ h‘;. ;uhu;au’elnuy mu;{e ln;ther':; 1‘1’;‘&'& fowr Jays. Packed and shipped to Maniia with a similar result and was afterw: o Killed In a saloon fight. Suilivan aties | OUR COUNTRY CUSTOMERS Kennedy's death, applied for a pension in his name and swore that although he en. Iisted under the name of Kennedy his real name was Sullivan. He was traced to g}n- clt “:nd 31'53"%"1{’: 0. L. of oux Falls and W. B. 8 Special pension examiners’ > Of Butie ‘Will Finish Morgue Building, Can take advantage of these special sales. We ship free of charge witan 100 miles. 1348-1354 MARKET STREET Opp. Seventh. 'Phone S. 292. No Branch Stores. DR. MCNULTY. LD L. Holliday against Amer V. Holliday for crueity, Mary C. Wappie against George Wapple for cruelty and Annie J. Arm- strong against Wililam Armstrong for de- sertion. terested, and he anything unmanly or dishonest. PPSBOEE o TP hen Jackson had finished Clunie start- Ladies' tallor-made suits, silk skirts, fur | eq to cross-examine Metson. Metson ex- capes; liberalcredit. M. Rothschild, 626 Sutter.* | plained that when he was retained by Corner Kearny Street and Union-Square Avenue. ¢ She lltigation in which he is 1 Prcmted. and he deciared That there was no man’ who could charge Johnson with ‘s Ribbed Wool Hose, knees and toes, e ), PRICE. . double :llfl': to : or L e pi 24 C “Country orders filled. Mayor Phelan and Supervisor Braun.| "J'HIS WELL-ENOWN AND RELIABLE 4 , Gor 3 a Mat additions are Overayeary sxper.ence. Terms raasonablc. Hours to complete the ding. 9to3daily;6:30t0d. Mev'gs. Sundays. 1010 12 Con 7 by the two officials to utilize the money | ‘0N gancmeretly ton teny g R — remal In e const; . OSCH e TY o {oh the Morgue buiiaing 0" fund to fin- | og, f St.. San Francisco,t b