The San Francisco Call. Newspaper, May 7, 1901, Page 9

THE SAN KFHANCISCU CALL, TUESDAY, MAY 7, 1901. CONTEST FOR THE GUARDIANSHIP~ | OF PRETTY KATHLYNNE COLEMAN Court Holds That Recent Marriage of Child’s Mother to Ed Smith in Reno Is Invalid-—Habeas Corpus W rit Discharged. inary to the guardianship of leman. retty five took place in Judge rt terday after- is the child of John The parents were - 1901, and six davs 3 se mother married, at s 1 oil operator. Under A. Burdell, mother of beneficiary to . here is more ceedings for held up Kathlynne to the admiring gaze of the spectators. The court fancied that the child should not be taken from the mother. Mr. Samuels insisted that cus- tody of the little girl should be awarded to a third party. He contended that the best of reasons could be shown for such disposition. Judge Troutt indicated that questions involved should be settled by the Supreme Court. He disposed of the question so far as his own court is concerned by ruling that the remarriage was a violation of the decree of divorce and was, therefore, in- valid. The writ of habeas corpus was dis- charged. 2 T | f | | | rebate Dills against the city that fund | may | rate litigation, and to throw all furt | duty to adopt all lawful and rightful measures tc keep the schools open and secure the pay- ment of the salaries of the teachers without compromising the rights of the municipality or | furtner ling the usefulness of the other departments of the city; and whereas, the Council 18 credibly informed and believes that PLAN T0 KEEP 3GHO0LS OPEN Water Company Again Offers to Rebate Its Bills. Demands, However, That Spe- cial Counsel R. Y. Hayne Be Dismissed. BRI Oakland Office San Francisco Call, 1118 Broadway. May 6. The offer of William J. Dingee, president of the Contra Costa Water Company, to be found with which to keep open the high school was renewed to-nigt to jef feature of the proposit resolution The c amerded the City Council in an amended form. | | in a present. 1 Robert e of the ci cfal Cou. Hayne, had char; fight in the water prosecution of the i tion into the hands of City Attorney Johnson. s offer reads, the Contra Vater any is now willing to | ayment for the year in full ten | gainst the city, computed on now in litigation, instead on which the company has been col from private consumers, namely, the rates under the ordinance ot 595, The tender provid that the water com- | pany does not waive any of its legal | rights or the claims it has presented at the trial, and it is further provided that the remitted water bills for May and June be used to keep open the high schools un- til the close of the term. Must Keep Schools Open. resolution also requires that the | shall provide money cnough in | the next tax levy to keep open the schools | the full term and calls for the appoint- | ment of a joint committee of the Council | and the Board of Education to determine | the amount necessary for that purpose. The resolution opens With a lengthy ro- | | The Counc: cital of the present conditions touching | school affairs, and then reads as foi- This Council feels that it is its William J. Dingee, president of the Contra | Costa Water Company, has offered and is will- | ing to accept the amount of ten months' bills computed on the 1900 ordinance, without waiv- ing any of the legal rights of his company or surrendering any of the claims it has pre- sented in the pending litigation, provided that the sum embraced in the remitted water bills for May and June, 1901, be used to maintain und keep open the Central and High schools. Therefore be it Demands Dismissal of Hayne. Resolved, That the City Council of Oakland do hereby ‘dismiss Robert Y. Hayne as special counsel for the city of Oakland in the suit brought by the Contra Costa Water Company to annul the ordinance fixing water rates for the year 1900-1501 and do hereby dispense, from date of the passage of this resolution, with the legal services of the said Robert Y. Hayne from further connection with said litigation; and be it further who has | =4 : 5 l Resolved, That the further conduct of said litigation be DlBCL:’dhin the hI;m'ds of City At- TY LITT! . ¢ 9 = 5 ’ | torney James A. Johnson and his legally can- ETTY LIT GIRL WHO IS AN HEIRESS TO $100,00, AND FOR THE GUARDIANSHIP OF WHOM A BATTLE | | stituted assistant, with Instructions (¢ prose: IS BEING WAGED BY HER PARENTS BEFORE JUDGE TROU y s ER'S RE Cute the same to a_successful conclusion, it i E JUDGE TROUTT, WHO HOLDS MOTHER'S REMARRIAGE T . to maintain the city's rights in the fullest sense | | and establish the legality of the ordinance fix- i+ | ing water rates adopted April 26, 1900; and be it | turther ¢ place for the It was shown to Mr. Samuels that a mo- welfare, could be heard in the pro- Confer With Dingee. tion to modify the d e could be made, modification. Mrs. Coleman | Resolved, That City Attorney Johnson be and the next step will be taken in this di. foust: Ioa z @ " | turther instructed to_confer with the officers A pslere s (gt g the court, leading Kathlynne. Accord- | o¢"c" contra Costa Water Company to effect . D e that the ing to Judge Troutt’s ruling Mr. Coleman | gome arrangement whereby the offer of Presi- ndfather, erested in the is permitted tc dent Dingee may be accepted and the money 1T GINN'S BIER lowed "to Calvary by Sad Throng. . 1 quickly went the d theaters, familiar and no man | co possessed tance or added the town than he was the bright 3 b nce tive Sons chiefly for blackface attracted atten- Afterward f topical g Mabel Clipper Min- reputation that f any other ranked a performances o) e country, and - s of the bur: rk as Iph Post, Billy Gilbert all of whom gradu- »per Club shone to advantage on the rge Ginn was rich, ining light of the ten- Jucky investment in to made him inde- shed there a resort Lodge that becam _ cmarzwrms | CRICKET COACH. ishman Comments on American Food. coach of the Germantown, | had an experience with | | I came to this country | as professional coach. I | time from constipa- | lower part of the | g and coaching for s would be so se- draw me to the | s without success. | Suts Food, using | of oatmeal. With- to feel better. I and now feel Owels are as regular as a clear and steady. 1§ with all our players.”— “oach. © food on h will put a man in fit dition as sur and quickly as Grape- Nuts. There's a reason. | Temple Emanu-EL {a % LATE GEORGE A. GINN, ONCE POPULAR MINSTREL, WHO i DIED A PAUPER. * — the refuge of countless wearied and thirsty denizens of “the line.” Ginn's place became famous as the headquarters of all the rounders and bon vivants from this side of the bay. Convivial haits and a generosity that knew no bouads finally separated Ginn from hi vorldly possessions and he be- came a victim of consumption and prac- tically a wanderer. Three weeks ago he went to the hospital. The signet of the destroyer was then upon him, but he wrote cheerful jetters to his friends and expected to be back among them within a few weeks. Ten days ago he began to sink, and the end came peacefully Friday night. Yesterday afternoon a little company of former boon companions gathered around his coffin and followed it to his last rest- ing place. Handsome floral tributes were sent by old friends. One from an actress row performing at a local theater held in immortelles two lines of Dryden’s, incor- porated years ago by Ginn into one of his most popular songs— For friendship, of itself a holy tie, Is made more sacred by adversity. Ginn had no relatives in San Francisco, and for many months had not frequented the resorts where he was wont to go in| happler days, but thete was a weeping conc rse at Calvary yesterday to pay a last tribute to his memory. COUNCIL OF JEWISH WOMEN IN SESSION The Council of Jewish Women held | its first annual meeting yesterday aft- ternccn in the Sunday-school rooms of the Reports were sub- mitted and officers for the ensuing year elected. The reports showed the society to be in flourishing condition financially, and that each of the various branches was also prospering. Following is the list of ofhicers elected: President, Mrs. Max C. Sloss; vice president Mrs. Andrew Davis; treasurer, Mrs. . Murks: recording secretary, Miss Evelyn K. Aronson; corresponding_secretary, Miss Mamic Voorsanger; directors—Mrs. Slg Schioss; Miss R. Abell, Mrs. Isaac Frohman, Mrs. N. B. Greensfelder, Mrs. Moses Heller, Miss Miriam Levy, Mrs. M. J. Brandenstein, Mrs. M. Grad- wohl, Miss Jessica Peixotto, Mrs. Clarence R. ‘Walter, Mrs. M. Esberg and Miss H. Lezynsky. After the election of officers there was some music, after which refreshments were served. see the child. PLANNING ~ IND BOULEVARDS Reed Introduces Bill to Create a Com- | allotted for the payment of the water bills dur- | ing the mionths of May and June be imme. diately made avallable for the maintenance of the High School and Central School, provided such arrangement expressly stipulates for the preservation of all the city’s legal rights in the pencing litigation, and in no wise com- promises the standing of the municipality be- fore the courts in the case now at bar; and be it further Resolved, That this Council will In the next tax levy make ample provision for the main- tenance of the schools for the full term en- suing in order to prevent a recurrence of the embarrassing and scandalous defleits which threaten to_cripple our educational system and give it a bad name for inefficlency and in- ferfority abroad, and be it further Resolved, That a committee of seven, com- posed as follows, be appointed and empowered to confer with each other and the representa- tives of the water company to effect some ar- rangement pursuant to the resolutions herein above and to agree upon the necessary amount 3 3 of the funds required by the school department mission. for the ensuing year: City Attorney James A. Johnson; from the Council—President Louls —_— Bohaffer, J. S. Wixson, A. W. Bishop; from | | t An ordinance was introduced yesterday |in the Board of Supervisors by Reed | which is desigaed to provide for the crea- | tion of a Park and Boulevard Commission, | whose duty it will be to plan new parks | and boulevards as the growth of the city may demand. The ordinance, which was s referred to the Street Committee, follow. | Section 1. There is hereby created a Park i Evans, speeches. ’ he Board of Education—John D. Isaacs, J. W. Dr. Myra Knox. The resolution was referred to the Aud- ting and Finance Committee without any Subscription Scheme Fails. to the Inevitable at (o] DEATH ENDS THE CAREER OF AN ABLE FINANCIER N. K. Masten, Pioneer Railroad Official, Succumbs an Advanced Age. WELL-KNOWN RAILROAD MAN WHO HAS PASSED AWAY. | Photo by Taber. { x5 K. MASTEN dled at his home at 2218 Clay street last night. He had lived more than the Q three score and ten years al- lotted to man and his ending was such as befitted the closing of an honored career. Four days ago Mr. Masten was in the enjoyment of good health. He contracted a severe cold, which finally affected his heart. His constitution was greatly weak- ened by old age, and though every effort to prolong life was made by his physi- ton to the effect that the public subscrip- tion scheme to ralse funds for the high school was practically a failure. Parents of pupils had subscribed $1150 and the pub- lic generally $600. Director Button said: “In spite of this darkness we can see a little dawn. I am !nformed that the City Council has in mind a plan by which the stringency may be relieved.” Pursuant to a conference with the Coun- cil a joint committee from both bodies was appointed to-night to meet to-morrow evening to discuss the high school deficit. The committees are as follows:, From the Council—Councilmen Dornin, Bon. Bishop. From the Board of Education—President Redington, Button, Isaacs. The Board of Education and the Councii will meet Wednesday night to formally take actlon upon such plans as may be formulated. Tt is estimated that the Dingee offer will leave enough money to run the high schools, giving the water company a cut of about 25 per cent on its claims, none of which have been paid during the fiscal vear because they were made out under the old ordinance, and not the one which the company is contesting. “NOBBY" CLARKE FILES ANOTHER SUIT.—Alfred Clarke brought suit yesterday in the United States District Court against _the The Board of Education to-nfght heard ports from Superintendent of Schools el ;llcmymonds and Director Fred L. But- Board of Police Commissioners to recover $1000 damages and costs for refusing to reinstate him on the police force. g clans he gradually weakened until the end came. N. K. Masten for years was known as a power in the financial world. He came to California in 1349 and became known almost immediately as a man of rare judgment and skill. He became connected with the Hibernia and Nevada banks and represented these institutions in many deals. His connection with the railroads began at an early date, and so valuable was his advice considered that on many occasions his judgment was deferred to by the late Senator Stanford and C. P. Huntington. As financial agent for the Southern Pa- cific Company Mr. Masten became most widely known. His skill in judging the value of real estate made him an in- valuable agent, and on numerous occa- sions his acumen enabled the railway to weather a threatened financial crisis. Mr. Masten never engaged in_ polities. He always evinced a deep interest in mat- ters political, but preferred to act as a citizen rather than as a leader. AMATEURS WILL BOX FOR FINE TROPHIES Athletic Youths Matched to Battle Before the San Francisco Athletic Club. One of the best programmes ever ar- ranged by Matchmaker Alec Greggains of the San Francisco Athletic Club will be .presented in the gymnasium of the club on Thursday evening. “Billy” Snail- ham, the champion bantam boxer of the coast, will go four rounds with “Kid" Parker, a youth who has been defeating many lads in his class. Young “Kid" McFadden, brother of the redoubtable pugilist, s scheduied to box four rounds with E. C. Edwards. Following is the rest of the card: Joe Hill ve. Jockey Bennett, 110 pounds, 4 rounds: Frank Jones vs. Jim Ford, 125 pounds. 4 rounds; Ed Long_vs. Billy McDonald, 135 pounds, 4 rounds; Young Moffatt vs. Jack Evans. 135 pounds, 4 rounds; Reddy Kelly vs. Ted Wolff, 135 pounds, 4 rounds; Nobby Otts vs. Pete Coleman. —————— OLD MAN ASPHYXIATED.—Edward Me- Laughlin, a laborer, 70 years old, was found dead in bed yesterday morning with the key of the gas fixture turned partly on. The old man was an inmate of St: Mary’s Home and had been under the influence of liquor on the preceding night. | Finance ND FRANCHISE FOR GOAST ROAD Ordinance Granting the Right to Enter City Defeated. Much Debate Over Exaction of Bonds From City Employes. The ordinance granting the Bay ard Coast Raflway Company permission to conduct its tracks along certain streets as to be afforded an, entrance into the city at Twenty-fourth and Illinols streets, was defeated by the Board of Supervisors vesterday. There was no discussion on the bill. but when the vote was taken only nine Super- visors were registered in favor of the pro- sed franchise, and three—MecCarthy, Reed and Sanderson—against it. Braun- hart gave notice of reconsideration and a vote was taken to take it up immediately under the s ension of the rules, but the Mayor discovered a clause in the charter ich requires twenty-four hours to apse before a motion to recomsider can be taken up, so the matter was laid over. Supervisor Connor opposed the ordin- ance fixing the amotint of the bonds of employes under the Board of Publle Works. He deprecated the exactlon of a bond fron¥ janitors who earn only $2 per lay. He favored postpomement of con- eration to await the aection of the finance committee regarding the proposed increase in janitors’ salaries. Braunhart suggested a reduction to a nominal sum f bonds exacted from laborers. The board then proceeded to adopt the ordin- ance by reducing bonds of flremen from #500_to $100, and elevator men from $1000 to $100, but when others were being re- duced the members called a halt when they were informed that many tons of coal had disappeared from the City Hall basement and the matter went over oue week for further inquiry. ‘Want More Arc Lights. Numerously signed petitions were flled and referred to the proper committees. The residents of the University Mound and Bay View districts petitioned for twenty- two arc lights in that location. Citizens also petitioned that the sum of $15,000 be expended to improve San Bruno avenue: also for the extension of the boulevard system of fllumination to cover the full length of Market street from the ferries to Seventeenth street: also for the erec- tion of lights along Fillmore street: also from the Polk Street Improvement Club for the repavement of Polk street. Comte objected to the passage of a reso- lution authorizing the payment of 318 to R. Powell as juror's fees in criminal cases, with the understanding that the Audi- for refuse to audit the demand so that the validity of the State law can be test- ed. - There is 330,000 or $40,000 involved In the matter and Comte's motion to pest- pone indefinitely was carried. The ordinance providing for the regu- lation and control of the storage of crude petroleum. oils and explosives was re- committed to the Fire Committee. The amended ordinance limiting the height of fireproof buildings to 145 foet on streets 100 feet wide and over and to 120 feet on streets less than 100 feet in width. and non-fireproof buildings to 110 feet limit for seven stories and eighty- two feet for five stories was passed to print. McCarthy's motion to remove the limitation on the height of fdreproof bufldings was defeated Opinions Asked of City Attorney. The City Attorney was asked for an opinion as to whether the Southern Pacifie Company has a right to fence off St Mary’s avenue along its right of way and whether the old San Jose road is an open thoroughfare at that point; also whether the clause in the new pound ordinance making it unlawful to herd, stake or tie animals on any unfenced lot is valid: also as to the legality of publishing the de- linquent tax list in a newspaper other than the Evening Post, the official news- paper of the ei The ordinance restricting the establish- ment of tanneries, carpet beating works and shoddy mills to certain deflned dis- tricts was referred to the Joint Committes on Fire and Streets for remodeling. A petition reaquesting the board to ap- provriate In next vear's tax levy the sum of $50,000 toward the acquisition of lands for St. Mary’s square was referred to the Committee. The petition _is signed by Archbishop Riordan. the St. Maryv’'s Square Assoclation by George D. Shadburne. president. and the Paulist fathers, by Rev. M. P. Smith. The ordinance allawing the Auditor to appoint ten extra clerks for thirty days was passed to print. Cathedral Council Pienie. Cathedral Council, No. 59, Y. M. I., has completed all arrangements for its pienie at Sunset Park. Santa Cruz Mountains. on Thursday. May 9. A programme of vocal and instrumental music will be ren- dered in_the pavillon on the grounds by Harry Wood Brown. Hazel Callaghan. Lillian Quinn and A. Artigues, Albert Quatman and John D. Mahoney. —_———————— TO TALK OF IMPROVEMENTS.—The Fed- eration of Improvement Clubs of Western San Francisco will hold a public meeting in Sar: toga Fiall to-night, when matters of impor tance to the municipality will be discussed. | and Boulevard Commission, consisting of seven | members, to be appointed by the Mayor. Any citizen of the city and county of San Fran- | cisco shall be eligible to serve as a member { of said commission. The commission shall ex- | ist until the report herein provided for shall | have been filed with and accepted by the Board of Supervisors. Vacancies in the commission | shall be filled by the Mayor. It shall be the | duty of the Mayor in appointing said com- | mission to select citizens representing the | merchants, the workingmen, the press, the | artists. the professions and the women of San | Francisco. The Commissioners shall receive no pecuniary reward for their services, | _Sec.2.It shall be the duty of the Park and Roulevard Commisslon to make a report to the Board of Supervisors at as early a dato as the completeness of the report wil per- | mit of such parks and boulevards as the fu- | ture growth of the city and the wants of its population may demand. The object of the creation of 'this commiss s to secure by the disinterested and patr cfforts of the citizens of San Francisco a gen | erous_anl “comprehensive plan of parks ‘and | boulevards which will render the city attrac- tive and beautiful in the highest degree and worthy of the great future which the geo- ¥ graphical and commercial position of San Fran- cisco seems to promise, and at the same time provide for places for the poor In the dlstriots Which are now, or which are likely hereafter to become, congested. A resolution directing the Hospital Health Committee to make a i of e premises in Chinatown which on a searche | ing examination will be found to consti- | tute a public nuisance, in order that the board may direct such premises to be de- stroyed, was adopted. The resolution re- cites that iIn the recent efforts to clean the district many houses have been found | to be in such condition that no repairing can make them sanitary, and they are a | rr:enace to the health and lives of the peo- ple. The ordinance establishing certaf = ulations concerning public. and - pHvats sewers was adopted. The resolution authorizing the paymen: rl;‘{ S‘SOORQ’?L‘}L ;\2 lll’anha':ll'uile Appm')al!er: <ent, Raisch, Martin and R fnally passed. . e e The ordinance limiting the height of buildings used for hospital purposes to four stories, or sixty feet, and providing that they shall be bullt of fireproof mate- rial upon a permit granted by th of Works, was passed to print, ¢ Doard Maria Sjaholm was granted permission to complete a building now in course of grection at the northeast corner of Powall and Sutter streets to a height of fifty- | feet on the Powell street side. Soniy i — - ; Master Plumbers Convefie, | LOS ANGELES, May 6—Thé first an- nual convention of the State Plumbers . Association began . its ®roior | days’ session in this city to-day. At 4 o'clock a reception to the visiting dele- gates was tendered by the members of the local association. —————— | LATE SHIPPING INTELLIGENCE. ARRIVED, Monday, May 6. Schr Guide, 5% days from Grays Harbor. Schr Bessie K, Peterson, 56 hours from Coos Bay. SAILED. Monday, Stmr Progreso, Monroe, —. s Mg It would be a hard matter to find a woman who hasn’t heard of B DUST Washing Powder, bu GOLD t there are still some who are not using it. GOLD DUST takes the hard work out of house work. Some women are so constituted that they enjoy the daily grind of the house work mill—but the percent- age of those who do it is small. Most of them are perfectly willing to clip the corners where it is possible. What is your strength worth ? Of course if you don’t put any value on it, then we'll have toe==<X admit that “elbow grease ” is cheaper than “GOLD DUST.” But there is a day of reckoning coming. A “bad back,” twisted arms, and ealloused hands, are signs of “honest toil,” bpt do they pay ? “ House work is hard word wiihaut GOLD DUST.”