The San Francisco Call. Newspaper, November 20, 1900, Page 1

VOLUME LXXXVIII—-NO. 173. SAN FRANCISCO, TUESDAY, NOVEMBER 20, 1900. to be taken from the Library.**** This Paper not PRICE FIVE CENTS. NO CIVIL SERVICE IN COUNTY OFFICES Judge Hebbard Holds Those Other Than City Officials May Name Deputies. T is over & fragmeat of the local gov- | ernment that the Civil Ser om- now lds its of r. A decision was ¥ rday by Judge Hebbar, Sheriff, Recorder, ( es of the Peace and Chief ce's Court ved and Judge Francisco is under the guidance Hebbard has decided that SUPERIOR JUDGE HEBBARD, e e WHO ENJOINS THE CIVIL :,5" . DA SERVICE COMMISSION. . g the c - favor of the existence ¢ down October 23, for the purposes Martin vs. Board of overrule Kahn ners ver ad been presented to the an Francisco, anic law_May ature in Janu- January 8, 1800. section Legt Charter Provisions. of subdivision 4 of eection 8, constitution, is as follows: and county government has i consolidated into one munici- be competent in n S of said fo: nner in which, and the terme for which fficers shall be elected or nsation and for the h shall have, and able to each of said provide the freeholders in- 1895, among other article V: “‘The the people, and he two years,” and similar other county officers. of Election Commissioners pro- 1l an election. Sheriff Martin felt d at losing, after two years, the office he had been elected by the people for n as the fcer and a taxpayer and for other sim- % officers—the same kind of gction brought Kahn—for the identical redress and the same kind of action now before the eourt. in_case involved but the one point, n case did, and but one point v Crowle¥ aga: mothy J. ce Commission, was submitted the wing c se In argued that the provisiohs rter fixing the terms of county ity and county of San Fran- confiict with the constitution and laws of the State. and an invasion ringement upon the soverelgnty of the county fice of t government act Sheriff at four ce the term to the reasoning of the “tion between was_gone over in answer of the court he amendment to artjcle XL in the freeRolders to in- i tHe people to adopt, xing the terms of those Status of Officers. to remove sly existed of the class in merged and is further ex- men section 8 and ipetent in a freehold- ted government to . officers (county) There is no room for e 2 of the Leg- mendment, section people in voting upon e com sprovifie the same. ge 411: ““The rule of construction in- seems to be that a provi tion in reference to a rative and vold, if it general provisigns of The direct oppoSite s such cases. onstruction 1t would be general county govern- e county of 8an Francisco 4 new section 8 article ther sectipns of the same n a uniform system of s township government, it would still be valid as to the particular case for which it is intended, for in such case the particular and the general both stand together—nelther abro- gates the other—the former furnishes the rule for freeholders’ charters, the latter for all other cases, and the court says at page 412: *'But the act establts! and township government does not and never oth City and County. While the corpor “The City has applied to the county of San Francisco in the rense claimed by apoetlants.” An “sense claimed by appellants” w; b 1 also gs ba that while section 8% distincfly and In terms guls! n either. G gave this authority—granted this power—to the 1y it ie one baivis people of the city and county of San Franeisco ate, and t respect s recogni still it was in conflict with the constitution and . article XI of the constitution laws of the State. The court decided ties of the State. Poligca against this contention and that is all the court could decide in that case, and that is all it did decide in the case The Martin Case. The court in the Martin case did not reverse its ruling in the Kahn case; on the contrary by reason of the only point ‘Involved being the length of term of the officers, deciding, as it did in the Kahn case, that it was four years, and in the Martin case but two years, the amended section 5% article XI, having been adopted between the dates of the two decisions, the utter ence of mention of so important a case as Kahn vs. Sutro, decided by the same only three yvears before, is an absolute stration that instead of reversing the case the court in the Martin case affirmed it by determining that section 8% was purely {and simply a new constitutional exception to the general rule therein lald down. There is no mention of qualifications for dep- uties in section 8, but there is mention of the number of them and thelr compensation. the extent, therefore, of the power ex- given In section £1% may the charter apply to ‘‘county officers™ of the city and county of San Francisco, and no further. The decision in the Martin case s simply the application of that andlent maxim concerning the construction of written Instruments and the interpretation of laws. * * = “he case of Kahn ve. Sutro Is yet the law | concerning the county,affairs of this consoll. rnment wit right ¢ p e powersjof that government ac terms of fts charter, the te overpment is exerc s 4 and fgr those pu Mficers ele % they exen ar® given by and who do not derive any m the charter are to be officers, as_distinguished Tage “gan Prancisco is, a city and a unty, and al- lent the electors within this ficers whose aughorlty and | ed exclusively frdm the char- city. and also for officers whose s are prescribed by ®eneral which the charter ie silent. 1t some of its officers are city are couMy officers. There r inconsistent in this.”" thige | dated municipality; except as to the cha: « County Officers Named. | Sateeent by the charger: under fhe woimotes bz ¢ poiuty out that under the | granted in termS by section 8% of article X1 fty of 3 X1 of the con 1 of the constitution of the State, and such couy. of 1 heriffs and other | cted for a term of four ther officers of the eity the ty offigers may select their own deputtes, u 15 the ‘number limited by, the charter. and 2o themselves the judges of the gualifications of exictenge and guthor- | those deputies. * % e on act which prgscribes t r the courg@finally | These of ficers _are, | with leave to and their “terms OFf 3 days, If they are ‘or the.foregolng reasons it is ordered t] he demurrer tggthe complaint be ovi detendants *lm‘u dvised; that the Pre- lorder cont time of thelr felect ary restraini tfue in force. pe county ggpernmegi £, n appeal td the Suprem® Court ,win In_Se T, [-be taken fo! ith by the Civif Service act of 1SS R Commissions City find Coun ttorney Franciseo. 19 Lane,tHough mét - carefto make learned .Rfli..“.wm ana dented By the any, comment an (8 gdect tma that e f ahn vs ot e 1 m.w:;‘rmdu;?“-m.h‘“ he would fmm y p o appeal e orotession, 4 Gerning the Character oF our comoliancy ey Continued on Page Nine, he brought suit for himself ar | € a uniform system of county | ACTION TANFORD UNIVERSITY, Nov. | 19.—Another Stanford professor has raised his volce in protest against the enforced resignation department of economics and sociology. This time the protestor is Dr. Morton A. Aldrich, an assistant professor to Dr. | Ross in the economics department, and his | protest is fiied in the shape of an empha tic resignation from his position at Stan- | tord. Dr. Aldrich’s reason, as stated in his resignation which he forwarded to Pres dent Jordan to-day, is his Individual pro- | test against the recent enforced resigna- tion of Dr. Ross from Stanford and against President Jordan's subsequent ac- tion. The “subsequent action” to which Dr. Aldrich refers is President Jordan's re- at Stanford at once instead of at the close of the present semester. Dr. Aldrich's letter to Dr. Jordan is as follows: PALO ALTO, Cal., Monday, Nov. 19, 1800 Dr. David Starr Jordan, President of Leland Stanford Junior University—T With deep regret I ask you to accept my resignation as assistant professor of economics in Leland Stanford Junior University. T only take this step, as you know, after extended conferences with you. This resignation fs my individaul | protest against the recent enforced resignation of Dr. Ross from Stanford University, and against your subsequent action in the matter. My reasons for this protest are neither based n my agreement or disagreement with the rtews of Dr. Ross nor on my personal friend- ship for him. Nothing that you have sald to me weakens my belfef that the request for the resignation of Dr. Ross meant unjustifiable interference with the independence of a university teacher within the proper limits of his freedom T protest with equal emphasis against vour action in the matter since Dr. Ross made pub- lic his statement concerning his resignation. I refer to your statement which appeared In the San Francisco newspapers, but most of all to your action in asking Dr. Ross to cease teach- Ing at Stanford University at once, instead of at the close of the present semester, for the sole reason that he had made public his statement. I prefer not to appear to acquiesce in the course which has been pursued in regard to the case of Dr. Ross. { ment of the reasons for my resignation public, T ask that my resignation take effect at once. Respectfully, MORTON A. ALDRICH. | President Jordan accepted Proféss | Aldrich’s resignation ediately m ubgn receipt in the Iounwing%tterg " = OFFICE OF PRESIDENT. Stanford Universit: Nov. 19, 1900. Mr. Morton A. Aldrich, Assistant Professor | of Economics, Stanford University: Dear Sir— | Your kind lgiter announcing your resignation | of the position held by you is just at hand, with its accompanying reasons. One of these, to my regret, contains an may be open to misconstruction. I refer to the phrase, ‘‘For the sole reason that he has | made public his statement.”” The action in question was based wholly on the character of this statement as offered, and! was, in gy judgment, unavoldable. et to take effect, time exp: Kahn | the consoli- | your cohveniérice, at the same | of Dr. Ross from his chalr in the | | quest of Dr. Ross that he cease teaching | As'Y wish to make this state- | implication which | resignation with great regret, | my very high appreciation of | ALDRICH EMULATES OF DR. ROSS Professor of Economics Resigns|William C. From Stanford and Scores President Jordan. e Special Dispatch to The Call. your scholarship and of your efforts as a teacher in behalf of the university. Very truly yours, DAVID STARR JORDAN, President. President Jordan sald to-night that the has taken this action, and hopes he may | see fit to reconsider. Morton Arnold Aldrich, assistant pro- | fessor of economics at Stanford Univer- | sity. grac from Harvard in 1895 with the degree of bachelor of arts. In 1897 he sity of Halle next year he was a fellow in economies ac Harvard and was advanced to instructor- ship in economics the following year. In September, 1869, President Jordan called him from Harvard to his present position on the Stanford faculty. { r ; Dr. Aldrich is considered one of the | most brilllant young economists in the | country. A th on “The Condition of | the Laboring Classes in England,” writ- | ten after a year's study in the coal re- | glons, has attracted widespread attention in economic circles. - BACK UP PRESIDENT JORDAN. Several Faculty Members Discuss the Ross Episode. STANFORD UNIVERSITY, | At a meeting of | Nov. 18.— bers of the facuity Dr. Ross’ resignation | was discussed in the light of to-day’s developm There were present Act- | ing Vice President J. C. Branner, head of the department of geology: ex-Vice Pres- {ident John M. Stillman, head of the chem- istry department; Robert L. Green of the | mathematics department and George A. Clark, the university secretary. '.hese | together with Dr. Nathan Abbott of the law department represent the most con- servative element in the faculty. They are ready to go on record in unqualified support of President Jordan and the pol- icy he has pursued in dealing with the difficulty. While no statement was is sued by them, they are prepared to make | it when they consider the good name of | the university demands it. These men are inclined to the view' thf.t Dr. Ross’ treatment of President Jordan has not been as kindly as that extended toward him by the university presideng The fact that Dr. Ross did not presen his first statement to President Jord: before he made it public is cited as an | instance of the breach of good faith on | the part of the distinguished sociologist. After President Jordan had upheld Dr. Ross for'several years before Mrs. Stan- | ford, they declare, the chivalrous thing | for Dr. Ross to do would have been to first show President Jordan the rtate- ment. Had this been done, Dr. ‘Ross | might have omitted the part in which he charges his downfall to the interference of'San Francisco corporations. | The faculty members believe, however, | that it is due Dr. Ross to say that he did not fully comprehend the situation. He failed to realize that it was the al- leged insult to her dead husband’s mem- ory that Mrs. Stanford resented. Will Be Made in CALL BUREAU, WELLINGTON HO- | TEL, WASHINGTON, Nov. 19.—Diplom- | acy having failed to accomplish a settle- | ment of the missionary claims pending egainst Turkey, the administration has decided to support peaceful representa- tions by a naval demonstration. Two American men-of-war have received or- ders to proceed to Smyrna and a third is available for @uty in_Turkish waters if the department deems it expedfent to aug- ment the fofge. The ships instructed to enter the port of Smyrna are the battle- ship Kentticky, one of the most powerful | battleships of the American navy, and the training ship Dixie. mington, now in the Mediterranean, may | also be instructed to call at Smyrna if it is thought her presence will have a bene- | ficial effect. To Turkey, infact, to all | Europe, the dispatch ef the Kentucky to | smyrna can have but one meaning—that E the United States is determined in its pur- pose to collect the claims which it has for six months been so earnestly pressing for payment. Administration officials are not inclined to discuss the object of the orders cabled to Captain Chester, commanding the bat- tleship, but it is déeemed significant that partment that a vessel shall call at Smyr- na has been communicated to Mr. | com, American Charge &'Affaires in startinople. This wilt be good news to Mr. Griscom. His representations # the ublime Porte, which are & continuation ‘of the demands of Minister Oséar Straus, withdrawn by this Government as a mark of its displeasure at the dilatory. tactics of the Sultan, have had but one ,(_. promises. s ¢ r According to Mr. Griscom, the Sultgn | | he would pay the claims last Augusty' The day for payment arrived, but the mnn‘d was not forthcoming. 8o it has W since. Turkey has prom , but “her promises have not been f led. TUpon 'WARSHIPS TO BACK THE DEMAND FOR INDEMNITY Diplomacy Having Failed a Show of Force| The gunboat Wil- | is- on- | went so far as to give his royal word that | Turkish Waters. ——— Special Dispatch to The Call. | his return te Washington some months ago Mr. Straus told the President and Secretary«Hay that a warship only would make Turkey pay. At that time the au- thorities allowed it to be known that as $00n as they could convenlently attend to | the matter they would dispatch a man-of- }war to Turkish waters. President McKin- | ley having been re-elected, he feels that it hT time to bring the Sultan to terms, d fithe dispatch of the Kentucky to Smyrna has this as it8 object, — | RUMORED SEIZURE OF A BRITISH SHIP | Passengers From Colon Say the To- | bago Was Confiscated by the | Colombian Government, KINGETON, Jamaica, Nov. 19.—Passen. gers who arrived here Sunday on the | British steamer Atrato from Colon say there were rumérs at Colon when they | ment at Panama and sent, under an armed escort, to Buena Ventura, a !in the department of Cauca, on the of Choco. It is added that the British Consul at port bay the fact of the purpose of the Navy De- | Panama had asked his Government for | { a war yessel. Confirmation-of the reports | ho:e('ix were lacking and it was asserted | that the British Consul at Panama ca; | not .dispatch cipher messages from th: | city. g |REWARD FOR CAPTURE . OF ESC CONVICTS dkvmwwon’m, Kads.,, Nov. 19— One hundred dollars re each for the zmm‘ dgad or alive, of Estell or Cra- escaped conviets Who have led | the x:ry guards a wild chase since the r liberty on last Friday, was Ho; . learnéd to-day that one of the a meal last night of a farmer a stance from where they were s yesterday, but ne further trace of thém was secured. | character of the statement which Dr. | Ross offered was sufficient reason why his resignation should be epted at | ! once. He regrets that Professor Aldrich took his doctor's degree from the Univer- | the age of 23. During the | ome of the older mem- | sailed that the British steamer Tobago | had been seized by the Colomblan Govern. | SEEKS TO DISHONOR HIS WIFE IN THE COURTS OF JUSTICE Lund, a Millionaire, Carries His Do- mestic Infelicities to a Sensational! Climax. Shadows of Gay Life Aiter Dark. e TLLIAM C. LUND, a mil- lionaire, whose marital infell cities have been the theme of private gossip and public scandal, has created a prece- dent for aged husbands in the chastise- | ment of their wives. He has had his young wife before the bar of a local Po- lice Court charged with the only offense , which dishonors a wife in the eyes of the world. In language more forcible than delicate, he swears that he exacted from her a promise to be pure, chaste and vir- tuous and he has discovered proof that she is false, untrue, unchaste, unfaithful and disloyal. There has seldom been in tae courts of San Francisco so scandalous and so un- | savory an episode as this. The husband is over seventy years of age and his wife swears she {s twenty-eight. In a married 1ife of four years there have been quarrels, | criminations, recriminations, bitterness i and unhappiness, surrounded by enormous - < THIS CITY. MR."AND MRS. WILLIAM C. LUND, WHOSE MARITAL CAREER OF FOUR YEARS HAS BF .-THE SHOALS OF THE DIVORCE COURT, THE CIVIL TRIBUNAL AND THE BAR OF ROUGHT THEM TO A POLICE JUDGE IN | wealth and every appearance of perfect contentment. { The husband, five years ago. pos- sessed enofmous lumber interests at the Mexican town of Guaymas. His first wife had dled and he was traveling for health and a change from the scenes In which most of his life had passed. He went to Boston and there met the woman who is now nis wife and around whom revolve storfes of scandalous life, gay revelry on trains, poker partles with men not of her household, daring es- capades at Del Monte, quiet, dainty sup- pers at the Poodle Dog, midnight excur- sions with roystering companions into the slums of Chinatown, ciandestine meetings at the Palace and a shameful charge in the police court. As fn every story*of do- mestic unhappiness, there are two sides to it, and the gay, fascinating figure of a man who s not the husband. The cass is a very bitter one and fs already brist- male and female. The only issue Involved ceems to be that of money, of which the aged husband is ! abundantly possessed. The husband in his own behalf and through his attorness asserts that he has been forced to the necessity of public scandal by the efforts of his wife and a man named Harry Herz, | who formed a conspiracy, first to rob him. then to divorce him ard secure a great | proportion of his property. The wife, who is charming, fashionably dressed and the very picture of outraged innocence, de- clares that her husband is biinded by the vagaries of old age and has magnified a purely platonic association between her and Mr. Herz into an offense to which no honest wife can submit or admit. She declared that she has been in every sense a helpmate to her husband, counseling him, cheering him, alding him in all the varfed relations of wifehood. sued him for divorce and he has denfed her claim. She has been hounded, she de- clares, by her insanely jealous husband untll she has been forced to leave his | home and hers to take apartments In a sumed name and there, in the darkness of the morning, police have appeared at her door to arrest her on a shameful charge. As the husband, through his attorneys, ! Sullivan & Sullivan, teils the story of his | second excursion on the matrimonial sea, a series of remarkable incidents has been | his lot in the last four years. to this version of the affair, William C. Lund was in Boston five years ago look- | ing for a woman servant. He made ap- plication at one of the various.intelli- gence offices in that city and found the woman who is now his wife. He engaged her at a salar—- of thirty dollars a month to go with him to his home in Guaymas, Mexico. They took the train together and when the journey was nearing its end on the American side, somewhere near El Paso, the aged hus- band says he made the horrifying discov- ery that his new-found, young and very charming domestic was playing poker with Harry Herz, a commercial traveler for the New York lace irm of Einstein, ‘Wolffe & Company. It is to 15 presumed i that the young servant found in Mr. Herz She has | | Market street lodging-house under an as- | a better poker player than her employer. Lund chided his servant and she promised not to repeat the offense. The old man and the young woman went to Guaymas and on September 3, 189, they were married, the old man first having increased her salary t0.$50 a month. Hav ing married the domestic, Lund could find no expedient too exacting with which to endow his wife with wealth. He gave her an income ranging from one thousand to | | three thousand dollars month. He | gowned her as superbiy as money and professional judgment could suggest. traveled with her, b | Insisted on locking her in her drawing- room on the trip. They finally came to San Francisco and | Lurd built a magnificent home for him- | self and wife at 2716 Webster street | About a year ago he deeded this home | to her, as he stated in a complaint which | he filed yesterday. in consideration that virtuous wite. | e by suspicton. Then he became depr He took his wife to De | Morte and found there the irréoressible, | | foscinating Mr. Herz. There was a scan- | Gal and husband and wife returned to this | city on October 26. The wife left her husband at the Va- lencla-street station and went fmmedi- ately to her attorney, Joseph Rothchild, and commanded him to bring sui* against | her husband on the ground of extreme cru- | elty. The sult was instituted ou the fol- | towing day ana the wife ripresentel a | very serious condition of atfairs in the | Lund household. She alleged that her aged spouse threw cups of boillag water at her, and when she dodged them fired piates at her. She declared that life’ with him was unbearable and she demanded a thousand dollars a month alimony and { a division of property rights. | The husband at once began a fight He employed three detectives, a man and two women, to shadow his wife in every movement. It |is upon the alleged. discovertes ~f these privite detectives that the charge sainst | Mrs. Lurd was made and the suit to | recover the Webster-street home was | filed yesterday. Mrs. Lund left her home | on Webster street and took up her resi- dence at the Franklin Hotel o Market street, registering under the name of Mrs. Jerome, which in the criminal charge against her is designated as an allas. | against his wife's suit. at the same hotel. What followed after that will be Included i the contradictory, scandalous and unwelcome testimony of witnesses in the divorce court, the civil court and before the bar of a police judge. ceived the reports of the private detec- tives, who pretend to have followed Mrs. Lund in every movement day and night since she left her Webster-street home. Last THursday one of these private de- | tectives swore to a complaint against Mrs. Lund before Police Judge Cabaniss This complaint was not served upon the woman until 5 o'clock Sunday morning, when she was alone in her apartments at the Franklin Hotel and Police Sergeant Donovan and Private Detective J. J. But- ler banged, on her door. She was ordered to get up and did so. She was placed He | »n one occasfon he | ling with lawyers and private detectives, | 4uring his life she be a pure, chaste and | | | The,private detectives also took residence | According | | The attorneys for the husband have re- | x4 | under arrest and begged the privilege of commun ating with her attorney before ynseemly hour ana ng conditions to the City Prison The request was granted and within a few minutes Mrs. Lund's att TReY Wa the Franklin Hotel and in consultation with her. The attorney sought out Police Judge Cabaniss and induced him to acceps cash bail of $100. The acceptance of this | batl by Judg under these cfr- in was clearly violation of ter provistor 1dge Cabaniss | bas erred im the same way before and has scandal In his de- | partment by so doing. He had, however, | savea Mrs. I d from the humiliatiof of being taken to the prison. She was foreed | to go into court yesterday, and although her attorney begged for an immediate hearing of the charge against her, the case was postponed until Friday after- noon. In the meantime her husband had filed a suit which Is without precedent in the history of the courts of California | Through his attorneys, Sullivan & Sullf- | van, he filed in the Superfor Court a sure asking that the deed of gift for the Web- ster-street home to his wife be revoked on the ground that it was obtained under false pretenses. In this suit the husband makes the claim that the consideration was the conjugal truth of his wife, which he alleges the wife did not give. Furtn- er than this, eliminating the scandalous | features of the document, the husband | alleges that the wife owes her downfall | to Harry Herz. | In this condition the disagreeable ar- | fair rests, but the fight between husband and wife will be pursued bitterly to fts end. The wife declared yesterday that the husband has resorted to his desperate measures in order to force her to return to him. The husband, through his at- torneys, replies that he has discovered enough to prove that his wife and Harry | Herz deliberately conspired to rob hmm | and not succeeding in that have now sued him for divorce in order to obtain his preperty. oF | CAPTAIN McCALLA NoT BEING COURT-MARTIALED Department Is Simply Investigating His Dispute With Colwell. WASHINGTON, Nov. 19.—The proceed- ings in the case of Captain McCalla 1s a court of Inquiry and not a court-martial The Navy Department was advised some time ago that troubie had arisen between Captain McCalle. commanding the New- ark, and Lieutenant Commander John C. Colwell, formerly naval attache at Lon- don, and now executive officer of the ship. While the department was acquainted with the facts, It left the matter to the commander-in-chief of the station, Ad- miral Remey, to adjust. He has now found it necessary to appoint a court of inquiry, which will determine the merits of the dispute between the two officers, Should this tribunal recommend a court- marttal in the case of Captain McCalla, it would be necessary to relleve him from his command and order him to the United States, for there are not a sufficient num- ber of officers of the requisite rank on the Asfatic station to form a court-martial for tha caotain.