The San Francisco Call. Newspaper, January 9, 1901, Page 2

4 o : THE SAN FRANCISCO CALL, WEDNESDAY, JANUARY 9, 1901. GOVERNOR GAGED BIENNIAL ACRAMENTO, Jan. 8.—Governor Gage to-day transmitted | to the Legislature his first biennial message. The doc- ument treats of the present condition of State institutions ind makes numerous recom- mendations for the enact- ment of laws. | as foilows: Executive Department, State of EACRAMENTO, January 7, 1901 Assembly of the State of ¢ In presenting to your euggesti in this first administration, 1 an my sense of public duty he pubiic weal, but as st extensive your in- tesy, and nere formal repye- | e fact that where meet as expenditure and trades are extravagance £ - ¢ legislative business agree- : e passed both hous Barte exp n advise against such are sssembled, among other things. | legisiating and pro & sance of the s - . the people de 2 wer be exercised hence over as weil of over legis- in one of the wrote as follows berty itse the people wn choice, they cannot mnot be | 1t | t the | 4 to be & rule of be & rule which s | beervations of that | ubtlessly meet with | to the policy of your constitu prudent > appropriate and | s 2 most solemn exercised, when that extravagance people with mieuse of the | ection adont- rdmefT No. §. buildings real e same are sitfited, s igious worship; also amen: ment No. 23, ex- he trusts and esiates £, endowment dnd main- | Leland Stanford Junior U er pted Assembly consti- | M, exempting from | now or hereafter belong- | B of Mechanical | taxation of so_ much throw the burden rty now subject rate of taxation wi uniess the exer | rease in the State 10 ¥ou to exer tible with th nting the pas and of law heir inci- | the number | odies be s Leg my ana but | bring tu redit iu has nominated ar members u and able adminis- | leave to repeat my advice, which my | e in office has confirmed, given in my | aédress, where 1 used the following er mistake on the part of legislators n to make all appropriations payable cut of the general fund instead rizing such peyments to be made, as hould be, t least aix or tem months ut of future revenus receipts. Such icy Gepietes the treasury by adding & demands the amounts of such | new appropriations. This is & grave financial | wrong. By t mproper practice the money | in the general fund, which oughbt only to be | expended for the payment of justly accrued | demands, is diverted from its purpose, so that & transfer of money from special funds ie re- quired to make up the deficit, it being neces. sary afterward to imburse such special funds receip cf the next fiscal year. Dot only unwise, but Dot war- overnmental gll:y. Each intact, to devoted to the special purposes authorized by law. The | Flate, ax well as each department of it, should means ihe year 1801 will mot be evailable until after January 1, 1902, hence all apgropriations other than those necessary for | the set nduct of the State government which are usially embraced in the general ap: ropriation wet, should be made pavable ot This pias as suggesied by me and adopted vy the Legisiature in 15 enabled the sdmin- stration to conduct the State affairs without | & the method pureued by many of my | of transferring money from special | meet accrued demands against the | PEFELY | PROTECTION AGAINST | OB-IEN:'{AL LABORERS | The people of California from thelr experi- ence in the past and in view of their prominent seaccast position with respect to the ports of the Orient, have reason to dread the immigra- | tion of Chinese and Japaness laborers into tbis | State, & fear justly founded and shared In by the American ‘workmen of other States. 1t Js esmential therefore that American labor shall be protected against competing Mongolian jabor. Our teriff while protecting the | products of Jabor require as a supplement the Exciusion of Chinese and Japanese laborers. | The party, both national and State, which | Dhes nominated the majority of your honorable bodles, is pledged to the protection of Ameri- | can labor, and I am sutisfied that our great Fresident 18 wholly in sympathy with every measure and i determined to maintain Amer- jcan labor at its high standard of skill and intelligence and to assiet in the making of all treaties and the approval of laws which will Jrotect that labor from foreign competition. Om May 5. 192 an act of Congress entitied “An met to pronibit the coming of Chinese per- #ons into the United States” was approved. which act was, in addition to previous acts of Congress, Intended 1o more effectually exctude the immigration of Chinese laborers. By the terms of this act the law is continued in force for the term of ten years from its passage, | most eminent | pateh from his Exceliency john Hay, Secretary E | | | | s ted States of America conclude ipotentia 1 en the Ut nd th China and at 1594, city which na agreed States of signed e March I nve thing the United nd_also ent t wed November 3, b nvention it is | This convention shall bd of ten years be- f the exchange of ratl- above language | nvention Is terminabl ns provided six mont 1 be perceived from th ie VI that the c the nat notice be given before the expiration of ten years, so that in December, 1504, there is a possibility of this convention being terminated by t ion of China. feature of the conve; action or part fore the exp ut there is another which may require f the United States be- of the period limfted which might require a revision of its terms Article 1 of the said convention reads as fol- The high contracting parties agree that beginning with the atifications of this xcept under the con- pecified, of Chinese labor- tes shall be absolutely pr e December 7, 7, 1534, the date of the ex- change of ratifications, we k fonal territory, both by ns of hts and privileges of sub- | Ct in the Philippines and ¢! ands acquired from Spain may conventio ditions her hibited ntentions by the Chinese diplomat © that inesmuch as the ties had future territory conquered or a but e United States of America, | d States as then bounded and en the United States as- | ch Spain_abdicated in this subject to the obligat to the empire of China. plea be specious or not, he way for international discussion. Toavoid all questions, re, acts of Congress are necessary to be passed in order to afford pro- tection to American labor, and the convention with China should be so revised as to cover be- 4 all question every part of the territory of from Chinese labor finds a ns_which Spain owed | Whether this possible it at least might pave flar danger in the unrestricted importation of Jep- anese laborers. The cheapness of that labor is likewise & menace to American labor, and a new treaty with Japan for such restriction as well 2s the passage of laws by Congress is | desired for the protection of Americans H 1 therefore most earnestly appeal to your honorable bodies for the passage as a matter of urgency of appropriate resolutions instruct- ing our Senators and requesting our Represen. tives in Congress for the immediate institu ¢ all proper measures leading to the re- e existing treaties with China and pan and the passage of all necessary laws resolutions for the protection of American labor against the immisration of Oriental la- “BUBONIC” Jap KINYOUN’S COURSE DENOUNCED The year 1900 began wost prosperously for the people of this State, with the adjustment of the affairs of the G islands won by Ameri- can valor and diplomacy from the kingdom of | Spain. The rains of the preceding winter had | allowsd our farmers and fruit growers to gar- | ner full crops, and the merchant and manufac- | turer, owing to the free communication With the Philippines, exhibited business activity, and & most profitable harvest was presaged for the people of the State. At this most favorable Joncture for our people a fearful shadow was upon our State through the reckiessness of certain clty officials of San Francisco, us- sisted by a Federal officer, one Dr. Kinyoun Intimations were thrown out in the months of March and April last that the dreadful bu- t lague existed in the Chinese quarter of San Francisco. ~Secret consuitations and al- | leged investigations were had by said city of- ficlals, in conjunction with the said Federal quarantine officer, and the result of such al- Jeged investigations was that the Surgeon Gen- | eral of the United States Marine Hospital at Washington was informed by some of these fll- advised persons that the terrible plague was epidemio in the city of Ban Francisco. There- tofore cultures and slides contalning genuine plague bacilli were imported into the Btate, and such cultures and slides were carris by certain physicians and others in tisle oty while rii in cars and stopping at hotels and other public places. Efforts were made by the said city officers to remove the Chinese from their quarters in San Francisco to Mission Rock, and the Chinese Consul of San Francisco this nner:gua violation of the treaty ts to the United Btates Becretary of State h the Chinese Minister at Washington. During the course of these events a fow sen- sational newspeper organs, like carrion birds, scented -the subject and boldly espoused the cauge of the plague creators, publishing dally sensational accounts of suspected cases and declaring them to be cases of plague. In the latter part of May and until about the middia of June I spent some weeks in Ban Francisco, ably assisted by Hon. Daniel Kevane, secre- tary of the Board of Examiners, and also by local physicians and bacteriolo- | gists, as well as by distinguished and level- | minded citizens, i a eareful, fair and full ex- | amination of the matter. After & most impar- | tial examination, in which I sought to be ap- prised of every fact from reliable sources which would tend to throw light upon the subject, | finally became convinced yond doubt that the bubonic plegue did not exist and had not ex- isted, notwithstanding the alarming reports to the contrary. o ave been ad | | | Could 1t sible that some dead body of a Chinaman innocently or other- wise received a post mortem inoculation in a Iymphatic region by some one possessing the imported plague bacilll, and that honest people were thereby deluded? On May 31, 1900, while in San Francisco con- ducting such investigation, 1 received a dl: of State, at Washington. inquiring if the plague really existed, and requesting me to report at an early opportunity. 1 replied immediately that 1 was then investigating the matter anl would report as quickly as possible, Thereafter, upon the 13th of June, 1900, my labors occupying weeks were completed, the different medical views maturely considered, and T was satisfied beyond all reasonable doubt that the bubonic plague had not heen tn the Chinese quarter of San Francisco nor in any other part of the city, nor In any part of the State. 1 thereupon transmitied to his Pxcellency John Hay the following dispatch, which was signed and concurred in by the distinguished medical authorities and by the prominent cft- jzens whose names appear below. to wit: 'SAN FRANCISCO, June 13, 1%00. ‘‘His Excellency Jolm Ha: Secretary Btate, Washington, D. C.—Sir: In reply f: your tel of date May 31, 1 have the honor 1o, report: ““First—-That no cass in San Francisco or California hes been as_bubonic plague by any attendirg ician whnmn (8 5 S LEGISLATURE T i l i T l) SCENE IN THE SENATE CHAMBER DURING THE READING OF THE FIRST RESOLUTION OF THE THIRTY- FOURTH SESSION. GRANTED THE PRIVILEGES OF THE FLOOR. MANY OF THE MEMBERS WERE ACCOMPANIED BY THEIR WIVES, WHO HAD BEEN & e T was alive, mor by the attending phy 2 after death. In some of the suspected cases death has occurred when no regular phy- sician was in attendance. There have been in all only eleven suspected cases among & Popu- lation of 86,000 Chinese (15,000 of whom are quarantined), and no cases among whites and other racc The saminations made after death of the bodies of the suspected casi since the alleged discovery of the disease more than three months ago fail to furnish satis- factory ? lague. S hat the quarantined district co tains upward 15,000 Chinese subjects, 33 pr o 00 of whom are unable Lo support themselves by virtue of the quarantine. ““Third—That full and falr investigation has been denied the physicians of the Chinese by the city Board of Health. ““Fourth—That the Chinese were forced to appeal to the courts and then were accorded the right of investigution into the cause of death of the dead suszpects. Firth—1 kince the procurement of the order of court granting privilege to the white physicians of the quarantined Chinese to visit the sick and be present and take-part in autop- #ies ha neither t ity Board of Health nor Federal officers have been able to discover any bubonic plague case, dead or alive. “‘Sixth—That there hus been no epidemic in Chinatown. Seventh—That the municipal records show the proportion of deaths in Chir been no greater than that of any ot of Ean. Francisco since the date of covery of the alleged plague in Chinatown. Eighth—That 1 cannot find proof that the plague alleged to be here is either infectious or contagious. I find no proof that any person has contracted it from another; and I further find that certain individuals Wwho have been repeatedly exposed at autopsies and elsewhere to the alleged plague and others who have moved about in the houses and rooms where the suspects expired, having done so without taking any precaution whatever against the supposed malady, have neither contracted the same nor spread the dizease elsewhere. “Ninth—That no two persons of the same family have contractod the disease and that Do two cases have occurred within the same house or building, no matter how great the exposurc may have be enth—That the medical gentlemen and ex- perts of the city Board of Heslth and the Federal quarantine officers who have ventured the injurious opinions which have spread broadeast over the world the rumor of the ex-' istence of the dreadful plague in the great and healthful city of San Francisco have never seen a living case of plague; whereas, some among the physiclans. surgeons and scientists with whom I have advised have had personal sxperience and wide opportunities in obsery- ing the bubonic plague when it was raging in Jodia and elsewhere and they all pronounce the suepected cases here not bubonic plague. “‘Eleventh—From the best light I have been able to procure and from a most careful con- slderation of the whole subject 1 am pleased to inform your Excellency that I firmly belleve no case of bubonlgonlmn has at eny time exjsted within the borders of our State. ‘Twelfth—That If the cases referred to were genuine plague even then the quarantine as conducted by the city Board of Health in con- Junction with the Federal quarantine officer is discriminating against the Chinese and also unreasonable, according to information derived from the highest authority here obtainable. ““Thirteenth—It is undetermined by the court whether the injunction referred to has been violated. ‘‘Fourteenth—8ince the report to your Excel- lency involves, among other things, the ques- tion whether thers is plague in Chinatown gnd also vitally touches the commercial and other interests of San Francisco, as well as deeply concerns the welfare of the entire State, I have deemed it my duty to call into consulta- tion distingulshed physicians, surgeons and bacteriologists, able financiers and business men and others, &8 well as my eminent pre- decessor in office, the Hon. James H. Budd, eome of whose names are therefore in concur- rence hereto attached. HBNRY T. GAGE." “‘We concur in the furegoing conclusion that bubonic plague does not exist and has not existed within the State of California “‘Physicians of the regular schooi—L. C. Lane, president Cooper Medical College; C. N. BElilnwood, M. D., professor Cooper Medical LCollege; Winslow Anderson, M. D.. M. R. C. P., London, M. R. C. B.. 'England, president College of Physicians and Surgeons of San Francisco. “‘Physicians of the Homeopathic school—Ed- win §. Breyfogle, M.-D. ‘‘Bankers, merchaats, etc.—Levi Strauss, resident of Levi Strauss & Co.: James H. udd. former Governor of California: Willlam ‘Alvord, president of Pank of California: Rob- | ert J. Tobin, Hibernla Savings and Loan So- clety; Adam Grant of Murphy, Grant & C: Lewls Gerstle, president Company; Isaias W. Hellman, president Ne- vada National Bank: Heury F. Fortmann, pres- ident Alaska Packers' Assoclatio B. Spreckels.”” Many other eminent bacterfologists and phy- slclans whose names are not attached to saii report participated In this most important In- Alaska Commercial vestigation, reached similar conclusions, and concurred in the findings of the foregoing tele- gram. NO CASE OF PLAGUE EVER EXISTED HERE While these events were transpiring the City Board of Health of San Francisco had already guarantined the Chinese district, but a test case having been heard in the United Sta Circult Court before the Hon. W. W. Morrow, Judge thereof, the city quarantine was held iliegal by a decision rendered June 15, 1800, In the course of this decision the eminent Judge observed as follows: “If it were within the province of this court to decid should hold th been a case of plague in this city.” Upon the day following the decision of Amn Circult Court and the raising of the quarau tine about the Chinese district, Dr. J, J. Kin- youn, the Federal Quarantine Officer (who had been previously a party to some of the investi- gations of those favoring the plague scare) arbitrarily and without proper cause quaran- tined the entire State. Tiis summary and un- justifiable action appalled ur citizens, The frult and other industries “%(hrefllune\\ with ruin. Business was partly p#ealyzed. Gloom gettled over the State, and the promise of a happy and prosperous ending of the year was dispelled. On the night of Saturday, June 16, 1900, the date of the arbitrary quarantine of Dr.’ Kinyoun, I telegraphed the President, ap- pealing in bebalf of the people of the State 1o release the quarantine, and I referred for the facts to my Drevious report to the United States Secretary of Stete. Appeals to the Presi- ident were also made by the Republican State Central Committee and by its officers, and by mary distinguished citizens irrespective of party, while the members of the California Re- publican delegation to the Republican Natlonal Convention personally called upon the Presi- dent at Washington, making similar appeals. The President being sufficlently advised of the true condition of affairs, ted promptly, and on Monday, June 15, 199, he communicated with the Secretary of ti Treasury, United States Surgeon General Wrman was di- rected to order a release of the State quaran- tine, which was done at once. Although our great and just President acted slmost immediately, when the injustice of Dr. Kinyoun and the sald certain city officiala of n Francisco was submitted to him, still prior 10 the establishment of the quarantine other | States in the Union, being misled by the re- | ports from the said officials who fostered the | plague scare, quarantined against us, & course which was followed by the republic of Mexico | and a few other foreign states. Even yet, on account of the reports of the sald city ‘offi- cers and of Dr. Kinyoun, the State of Texas continues ‘an unjust quarantine against us, checking travel and interfering with the ship ment of our commodities. uming that we are fully justified in be- lieving that the false reports of the plague which were temporarily credited at Washing- ton, in other States and in forelsn countries, were innocently circulated, may we not have cause to think that in certain instances, when prosecuting sclentiflo investigations within this | State, with all sorts of slides, cultures, etc., for the purposes of discovery and comparison, some investigator innocently caused slides ani cultures containing genuine imported bacilli to be accidentally mixed with or substituted | for harmless slides and culiures prepared from human suspects, and 1n that way the medical departments in Washington as well @s In this State were decelved and induced to foster the false reports? 1 personally know, | with respect to some of the same subjects, officially reported as plague. stricken, that where iymph was taken fron such subjects under my direction and most carefully watched and nandled, no such resul were produced under the microscope or upon animals as those reported by Dr. Kinyoun. ‘When_this Federal Quarantine Officer reported that his inoculated animals died of plague. those inoculated under my direction fattened and thrived. In the glands which were taken during my investigation for experiment and examination, extreme care was taken to guard azainst tam- pering, and to prevent them from being mixed with Imported slides and cultures. 0 falr and just to assume that by accident some one in the selection of slides and cul- tures if such results as those reported Kinyoun were In truth obtained? But at all everts it must be remembered that Dr. Kin- has been so persistently obstinate reports of never had any expe- rience with the disease proper, his experience being derived wholly from books and laboratory work and not from practice among victims of the plague, as was stated In my report above set forth to his Fxcellency John Hay. Notwithstanding some officlal and private re. ports to the contrary, T am still convinced that up to this time no case of hubonic plague has existed in this State: and with ordinary vigi- lance of the Federal Quarantine Officers to pre- vent iis importation from forelgn countries, none will gxist In the State, unless through the criminal negligence or connivance of those who might possess genuine imported bacilli, ani Who would be Interested in planting the ‘dread disease in our midst. The false reports of the existence of the plague and the unjust quarantine of the State irreparably injured many of our business inter- ests and numerous industries of the State. Travel was stopped to Callfornia, and visiting tourists made haste to leave our State. The prices of California fruits and cereals shrunk, and in the markets of other States this plagard was observable: ‘No California Fruits for Our commodities were for sale at a discount in foreign markets, and the reputa- tion of this State as a Mecca for health seekers has been blackened for years to come. It is unnecessary to go further into details of cur injuries as a people, in view of our widely known bitter experience. PREVENT IMPORTATION OF PLAGUE BACILLI ‘The deadlly character of the bubonic plague germs Is such that medical authorities are agreed that such bacilli are tranemissible, not only by secretions and excretions but also frcm man to man, from animals, ingects and from objects, as well as from the soil. The awful nature of this disease and the nocessity for the Stage taking all precautions azainst its importation’ wiil be appreciated from the following excerpts from the pamphlet on The Bubonic Plague,” written by Dr. Walter Wyman, surgeon general of the United States der. ?urzh circumstances would it not be by Dr. Marine Hospital Service (th ior officer of B! Kinyoi)” and ;:mlnlnfd"if %-!-)nf i rnment N 3 o o man says i S e St €0 that | 4 “In the Christian era it is not until the sixth century_that we find bubonic plague in Kurope. In 542 it spread over Egypt, and | passed to Constantinople, where it carried off 000 persons in one day, and in the same cen- y appeared in Italy, and extended also along the northern coast of Africa. It prevailed in England in the seventh century. In the four- teenth century it was Introduced from the East and . prevailed throughout Armenia, Asia Minor, Egypt, Northern Africa and nearly the whole' of Europe. Hecker calculates that one- fourth the. population of Europe, or 25.000,000 persons, died in all of the epidemics in the ourteenth century. It was in this century that the first .measures were taken to check the spread of the plague, Venice appointing in 1343 | three guardians of the public health for this | purpose. In the fifteenth century it recurred frequently in ‘nearly all parts of Europe, in one year (1466) the mortality reaching 40,000. The first quarantine establishment was found- | ed in this century, namely, at Venice, in 1403, on a small island adjoining the city. ‘The six- teenth century wgs not more free from plague than the fifteenth. In 1572 50,000 died at Lyons. In 1576 Venice lost 70,000, In the seventdenth century it still prevailed in Europe, though less widely than in the middle ages. In 1656 one of the most destructive of all recorded epi- demics raged at Naples. It is sald to have carried off 300,000 in a perlod of five months. The great plague of London was in 1864 and 1665, The total number of deaths in 1865, ac- cording to the bills of mortality, an estimated population of 460,000, out of whom | two-thirds are supposed to have fled to escape | contagion. In the eighteenth century it pre- vailed extensively in Europe, the most notable epidemic being in Marsellles' (1720), when from 40,000 to 60,000 persons were carried off. In 1721 1t appeared at Toulon and spread over Provence, and out of a population of 250,000 per- | sons 87,669 are said ro have died. Sicily was | visited 'in 1743, namely, at Messina, when the | mortality was between 40,000 and §0,000. In 1771 it broke out in Moscow, and more than 50,000 persons, nearly one-quarter of the popu- lation, were carried off. Again on page 6 of the pamphlet, Dr. Wy- nian, speaking of the appearance of the plague subsequent to 1§93, observes: ““Through the channels as detailed above has resulted an epidemic outbreak which in Bom- hay (presidency) alone has resulted in 220,907 cases, with the enormous mortality of 164,053 i1 Hongkong 1600 cases, with 1541 death: Amoy, within a limited period, 540 deaths; Cal- cutta, approximately, 500 deaths, and in For- mosa, 2456 cases, with 1666 deaths. That danger may result from the use of the plague bacilll in scientific experiments Is evi- Genced by the comment of Dr. Wyman upon the Austrian cases, where he says: “Cases in Vienna, resulting from accidental inoculation while studying the disease in one of the labora- teries, were controlled, and were limited to the two original victims and @ physician and a nurse who administered to them. The same may be recorded of a case introduced into Trieste, Austria.’” 3 The importation and possession of such deadly germs iz, therefor~ fraught -vith danger to the People, and should be prohivited by law. Who can tell what an unscrupulous or negligent man, sclentific or otherwise, might not do while possessing plague baciill, and knowing how to use the .dll-muu ‘;fl‘l I|M\Ill:‘ l:x%lnl‘?:; le be protected agalnst the importa Leitatinc men of thess dangerous microbes, ‘well as to be guarded by quarantine regula- tions against the victims of the diseage? Con- vln:ofl.h;l a ::n. !hhll the l::thl‘ml of these per- sons who, during the recent plagus scare, car- Thed about with them thess deadly) imported bacilll, were full of reckiessness if Hot borde: ing on criminal lines, I now urge that vigbrous laws be passed 80 as to prevent such actions in the future. I recommend the passage of laws carefully flrl.‘l‘r: relating to this subject In as follows: et That it be made a felony punishable with an extreme penalty of life imprisonment for any person, for any purpose, to import or bring or cause to be imported or brought into this State, or to have in his possession within fhis State, without the written authority of the State Board of Health. approved by the Exec- ntive, any plague baciili or plague cultures or plague slides, and also that attempts to ac- complish the same purpose be made punish- able as ordinarv felonies. Sacond—That It be made a felony punishable with an extreme penaity of life imprisonment for any person for any purpose, Within this State, to develop bubonic plague cultures or to make gultures or slides from any plague sub- Jat Cof mo-called plagie suspect, or to take tissue, glands or lymph from any plague sub- ject ‘or- suspect, or to atherwise ~operate upon the body of any plague subject, or suspect, or to inoculate any animal, bird or insect with plague bacilll, except under the supervision or with the written permission of the State Board of Health and with the ap- al of the Executive, and that any attem any person to commit any of such acts with- out such direction, supervision and approval, bs made punishable ordinary felonies. EXTENSION OF POWERS ~ OF BOARD OF HEALTH Tre paramount concern of the State of Cali- fornia for the sanitary condition of the people may be observed from the great damage done to the business and industries of the State through the recent false reports of the exist- erce of plague. The merchants, business men, producers, manufacturers, farmers and fruit Erowers throughout the State who suffered ex- tremely on account of the unreliable reports of reckless persons concerning the appearance of plague in the city of San Francisca, will agree that there is an immediate necessity for the of rigid laws siviog within this State Jurisdiction to the State Board of Health over all local Boards of Health in the matter of alllrlllfllu regulations. and the supervision and ircetion over all bubonic plague cases or plague suspects. The falsity of the rgport o —p s | | punishable as such. Judge Cooley. in his admirable work on con- stitutional limitations, thus defines that lfberty, | page 518 (sixth edition) | " “The corstitutional literty of spesch and of | the press. as we understand It, fmplies a right to freely utter and publish whatever the citizen may please. and to be protected against any ponsibility for so dsing, except so far as uch publications. from their blasphemy, ob- scenity or scandalous character, may be a& public offense, or by their falsehood and malice they may injuriously affect the stande ing, reputation or pecunfary interests dividuals. Or, to s#ht> the same thing somewhat different words, we understand erty of speech and of the press to Imply not omiy liberty to publish, but complets immunity from legal censure and punishment for publication, so long as it is not harmful its character, as the law affords. [For these standards must look to the common law rules which were in force when jhe comstitutional guaran in reference to which n when tested by such standarde _ Again 516 and 517 of the same work, thus expresses the same learned author..on pages | the law: “It 1s com on ail sMes that the common law rules th bjected the libeler t. responsibility for the private injury, or the public scandal or disorder occasioned by his conduet, are not aboiished by the protaction extended to the press in our comstitution: The common law afforded full protection | asainst malicious and seditious libels and lications, and wherq the public health public safety is llable to be assailed by and designing persons laws should be pa for the protection of the people in this re The people cannot permit their business a industries to be checked, imjured or destr | at the mere whim and caprice of & person or privats corporation conducting newspaper, which apable of disseminating far' and wide maictous or false reports r specting the the State | IMPROVEMENT OF SAN FRANCISCO'S HARBOR ndition of the public heal 3 In January, 190, after very ature consi e many reasons them existing for the Legislature, I called an ex- | traordinary fon, | The lexisiators, act by patriotic m | tives, vied with each r rapid ant | and economic work | Among other pr ipal tters for wh Legislature was convened was to pass ena laws in ail of the State Harb ers of San Francisco by a 2524 and 2527 of the Political ¢ As section 2524 previously stood Francis | wharves at San six hundred feet this limitation w modern | wharfage facilities | sufficient to accom bulkh adanted t vessels already in port in 1599, and, as U the existence of plague in this State having | yum poomised & great lacrease in sh : been made manifest to the President, Who | po am "s matter of ne ity to provide in ad caused the removal of the quarantine.’fusti- | Unce ‘tor ‘that emerzency es the State im attributing incompeténcy to | ‘Mgny merchants and commercial associa- the Federal quarantine officer stationed (n this | 1jons sy aue Franclscs Naving the interests .2 State. Even had the reports of that officer been | 1'% O BO8 CERRTO eity at heart well founded, which they were not, it s with alarm the limited harbor accommod justifies the State in assuming that it was due |y, meet the consis nereasing demand to that Federal officer's incompetency in fail- ing to properly quarantine the State that sus- pected cases of plague were reported. The time, therefore, has arrived for the State to protect Its people, their business and thelr industries against = reported bubonic plague cases or plague suspects. I recommen: therefore, the extension of the powers an: duties of the State Board of Health so that its dignity may be rateed in proportion to its importance, and that the most eminent phys the shipping inter ishing city, and urged sion of the Legislatur | premises. Among them | provement Assoct to afford rell tne North Central San Francisco, « posed of active business men of advanced views apon_the subject of ymmercial needs addr me a strong p 4 by numer: getlc and publie-sp citizens, req an_extraovdinary se he much-needed relie clans may’ be proud of oceupylng & place wh State Harbor Commissioners (a ga the board, or acting under its supervision and | jority of whom are Democratic), together With direction. I recommend that in the matter | my able and distinguished Democratic pre bubenic plague cases or plague suspects, as ell as in all other dangerous, epidemic, con- tagious and Infectious diseases, the State Board of Health have for State purposes full control and supervision of all county, city and county, city and town Boards of Health and medical officers, with a right to demand at all times a report from such boards ard specting epidemic, contagious diseases, 1 further recomm lect b Board A end that a refusal or neg~ Yy uch officers to so report to the State of Health be' declared a felony, and In view of the fact that by reason of the powers vested In the city Board of Health by the charter of San Francisco, the legality of the office of State quarantine officer to such city under the sct has been disputed, I recom- | cessor, Hon. James H. Budd, flled a petitl | on December 13, 1899, for an extraordinary ses sion, stating the immediate necessity of amend- | ing ‘sald sections 2524 and 2527 of the Political | Code, in order to accommodate the increased tonnage arriving at the port. The Legislature in the extra session of 1300 passed the principal measures for the relle’ of the harbor of San Francisco recommended in my proclamation, so that under the prese law, with the approval of the Federal authori ties, State wharves and plers may now extend out a distance of about eight hundred feet from the bulkhead line, which, when compieted, will accommeodate the largest ships loat. The Board of State Harbor Commissioners, after the passage of the law, prepared a contour map for the establishment a new harbor pler- head line, which was by me forwarded to the mend that a law be passed repealing said act, | United States War Devartment at Washing- and creating the office of State quarantine | ton, with the request thal the mew extended officer, to be vested with State quarantine | pierhead line be estabiished in place of tha powers, and to perform his duties under the | previous This request was refer: supervision of the State Board of Health, euch | to a boa Nates army e - officer to be stationed at the port of San | which board rec in San Francisco Francisco. I recommend a moderate appropria- | and, after due advertisement, made a favorable tion for the payment of such otficer's services | report to the War Dapartment. A and expenses. 1 further recommend that full | Upon the 10th day of December. 1900. T re- power be given the State Board of Health for the esfablishment and enforcement of all rea- sonable rules and regulations for a quarantine of the State and its waters. 1 further recommend the passage of a law preventing the landing at any of the State, city and county, city or town bulkheads or breakwaters of any vessel arriving from any other State or from a foreign country at any port, sub-port or harbor of the State, without a certificate of health first obtained from the | £ said State quarantine officer at the port of | th nf 1960, San Francisco, or from the State Board of | ter into contracts of leases Health, or froin an officer duly authorized in | ®Xceeding five years after writing by the State Board of Health. | whereby the lessees shaii It might be well, perhaps, that an act be | Struction of new wharves passed providing for the establishment of : | Waters, the rents therelr laboratory for bacterlological and experimental | Whole or in part payment purposes, for the use of the State Board of | struction, discretion resting Health, and that an adequate appropriation be | bor ~Commissioners = to made therefor. | contracts with the I recommend further that it be made the | rents from such whar duty of every city, county and State officer, | breakwaters ghall be physiclan or other person having knowledge of | tracts. or the work t ceived official notice that the Honorable ths | Secretary of War had aporoved and confirm the extension of the piernead line into the San Franc m Van s avenue t> Folsom street. nendment of ction 2527 of the Po- ¢ the said ex Commission ) se: on, the Board of Harb stead of being limited for provements to the use of * revenue for | in part from such remts and revenues, the existence of any case of plague or sus- pected case of plaguc, Within the State, to re | De deemed best by said cominies o port the same at once to the State Board of | amend the State Harbor oners Health or to the Sheriff or Coroner of the | WAy continually im: £y . and that it be made the duty of such | asking the Legisiat - Sheriff’ or Coroner to ImmeMately re ch | dollar toward the wig o 5 Information to the State Board of Heaith. | smendment, being wh et Refusal or neglect to perform such should, | The State Harbor Comumlis th . in the case of physicians, city, county and | € that since the said extra session they ha State officers, be made punishabie as ordinary | Made contracts for imoroventents of the ha felonics, ana o the case of Giher pocsoue. sach | bor aEEregaiine in amount %20 . refusal or neglect should be punishable ae a | v hich sum FELAC TN 1 wharves 1 recommend that it be made the duty of and two car ferry slips. the State Board of Heaith, upon receiving suc With thees grand barhov lmore and report, to immediately investizate of ,“k'.’. other probable improvemwnts a charge of such case, or depute or authorize | Plan, to meet ous some physician to Investigate and take charge of such case, and in the event of death that & member of said State Board of Health or physician delegated by said board be present at the autops: Upon the verification by the State Board of Health of any case of reported plague It should be made the duty of such State Board of Health to immediately notify all local boards of heaith in the Stag and also notify by telegraph the United States Treasury Department at Washington and the tate boards of health of all the States of the Union. T recommend that ull appropriate laws (o protect the State from this dread disease should enacted. PROPOSED LEGISLATION AGAINST FALSE REPORTS It {s an extremely regrettable fact that the injury to the business and industries of the Btate was largely Increased through false and sensational pictures &nd writings of a very few newspaper ans, managed and edited by those who certainly had not at heart the wel- fare of the State above their own selfish in- terests. The circulation of such untrustworthy ublications disseminated the plague scare roadcast and wrought much of ‘tha" mjary which the people of the State have sustained. No Btate should permit such an outrage to be committed against its cftizens by any man, get of men or corporation. I belleve in a free but not in a licentlous press. public criticiam by the prees of public officers, and in proper just warnings by the press of public and private dangers, whether from disease or otherwise. I would not desire, were it possible under our constitution and laws, for @ censorship to be established over the press notwithstanding some abuses. T am, however, firmly of the (pinion that legisiation is necessary to protect the people in the con- duct of thelr business and the sale of their products and commodities. Such acts, causing Ereat wroags to the State by an individual or a corporation, should Le declared criminal and severe punishment shou!d be meted out to such offenders. We have a law now on our statute books en titled An act to protect stockhoiders and pe sons dealing with corporations in this State (approved March 29, i§i%,). declaring as a fel- ony the making and publication of false re- porté respecting the value of stocks sold in the market. Such a wrong, punishable under such act, only affects a limited number of in- dividuals, while the circulation and publication of false reports respscting the public health tends to the destruction of all the interests of all_the people of the State. I belleve in just need not fear in the " the ports of Oregon and Washingto the East, upon the opening of an canal, HARBOR COMMISSIONERS SUPPLEMENTARY REPORT Since the filing by the Harbor sloners of their biennial repurt. in have set forth the advaitages {o the harbor c San Franch from the amendments at the extra session, I have received the ing supplementary report, from which w: predict that the commerc tuture of Blate is now Armiy assured. 1 beg leave to fnclude in this message the supplementary re port of the Harbor Commissioners, as {ollows “Board of State Harbor Commissioners, Of fice Union Depot and Ferrvhouse, San Fran- cisco, Cal., December 17, 1%00. Supplementary Report. “Hon. Henry T. Gage, Governor of Califor- nia, Sacramento, Cal—Sir: In the biennial report of this commission for the two fiscal years ending June 30, 1900, and forwarded to you some time ago, the subject of port facili- lies in this harbor was reierred to at some Legisiation enacted at the extra ses- ature relating to the powers and dutles of this board was taken up therel in detail and an outline of the increased port sccommodations _contemplated mapped out. Since this biennial report was forwarded and on November 23, 1300, the board, under the au- thority conferred by the law as amended at the extra session, awarded contracts for the construction of four new wharves and two car ips. e agresate amount of these contracts to $326,847, and the terms of the contracts which Dave entered Into provide for the paymen of B cent of contract price on completin of the work and sixtcen quarterly paymenty | thereafter of 5 per cent each. There is aiso | sUrulation that should the board determine pay before maturity, them a deduction shal be made at the rate of 5 per cent per annum. The contracts awarded do not include the furd nishing of cement, wharf sheds and driveways, nor preservation ‘of piles for the car ferry siipa to protect them from the ravages of ma- rine pests. With these additions the structures will cost about $435,000, These contracts are the largest ever en- tered into at any one time for wharf construc- tion by the Beard of State Harbor Commission- ers, and the improvements embraced therein will add greatly to the port mn‘l:odluonl. and in a very marked degree retfeve the ship- during sthmian Sta mas. " “rScent false pross eports cespecting the | DISE Congestion. experienced the Dast existence o ubonic plague within this 13 Ty Somueorox o time Gavele 1o AR Diate S | manet e e i e pernaie at 20T ruined such property uf our citizens and im- | prny v o A L periled our industries, and Immediate legisl ve a loading capacity of ¥ pounds to the tlon is needed to prevent a recurrence of these viclous publications. 1 suggest therefore that it should be declared a felony for any person or corporation to pub- fish or procure to be published within this State any false report cf the presence of by. honle plague within this State, and that it be likewise declared a felony for any person or corporation within this State to publish or pro- cure to be published without this State the existence within this State of bubonic plague The reputation for public health is a fogt valuable right of the State and of its people. That reputation of the State for health should not be destroved nor the business nor Induse tries of i citizens interrupted nor impaired through the malicious pen of a scribhler writ. ing either for profit or sensation. eputation for public health closely with public safety and Joyment by the citizens. of their Is connected With the emr private prop- erty and the care and mainte o Public' Teaith is. wihin the sovereign powsns | | The Réxt Important work to be taken wp fs: e Efl"“- o s R = “First—The removal of the floating dry doc Jeessive Of ihe Mberty of ihe presacct Te-| %o Central Busin. mear the Atctic forks, square foot. ' This. in comparison with the or- na ‘wharves upon our water fromt, the cnw:{(’p‘ :f which is reckoned at 100 MM. to the square foot, affords convinaing proof o their stability. Each of these new wharves will cost as much again as a pile wharf; but built as they will be on permanent lines, the cost of maintenance will be reduced, aside from the fact that their capacity will be so much ter. ¥ The inauguration of these Improvements made possible By the enabling legislation of th extra session. No such extensive work coul have been projected without it =Extenstve is the work al to, ‘the enabling legislatio: will permit this board to prosecute other of co importance to . and In fact make it accommodations the volume of = th, commerce of this port will require without is. Suance of bonds or a tax upon the people o i S i passible to pro and making additional wharf room at the pres-