The San Francisco Call. Newspaper, August 27, 1901, Page 1

VOLUME XC-—NO. 88. SAN FRANCISCO, TUESDAY, AUGUST 27, — PRICE FIVE CENTS. FORTY THOUSAND PLUMED KNIGHTS OF THE TETMPLE WILL MARCH TO-DAY IN PARAD KNOCKS 815 HOLE IN THE NEW CHARTER Supreme Court Decision Nullifies Referendum Clause. Ruling in Ventura Case In- validates the Public Utilities Section. Opinion Holds Certain Portions of County Government Act Uncon- stitutional, Chief Justice Beatty Dissenting. Leading attorneys are a umit in declering that the decision ren- dered yesterday by the Supreme Court in a case recently brought up from Ventura County, in which the people of that county enacted an | ordinance by direct vote and over the heads of the local legislative body, the seme being held to be unconstitutional, has n ai- | rect bearing upon the provisions of the charter recently adopted by the eity and county of San Franeisco. | The articles embraced in s char- | ter which are thus nullified are | those governing the matters of ini- tiative and referendum and the aec- | quirement of public utilities. While | the Sapreme Court does not deny the | right of the people to express by | baliot what they may desire in the | way of legisla it holds that l(i can only come in a suggestive form, | while the actual power to earry out | the winkes of the people is vested in the legisiative body to which they have delegated the power to enact | and enforce the laws. | ion, senting opinion of the Supreme Court | 13 of the act passed by fhe | 1897, by which the | r laws was dele- | e voters. By this de- | practice of the “initiative and | in favor of which there is | lar clamor, has been | from which there is little so far as California is | while her present constitution ree. Francisco was not a party the Supreme Court decis- interest to the people -of much as it is practically a ainst the initiative and referen- se in the mew charter single dis; ” ty section county governments hope of recov San fon is of vital the acquisition of public te of the people. The question as to the constitutionality of the act arose from the attempt of a Ventura ( v liquor dealer, named to free himself by means of a from the confine- | ich he was placed for violat- ing an ordinance. He has secured his re- Jease from jall and incidentally stirred » & commotion of considerable propor- Anderson,” writ of eas corpus ment in w discussing the case the Supreme quotes various sections of article XT of the State constitution, which de- es the law-making powers of coun- the county govern- Court Section 1 of ties ments act of 1897 is then quoted as fol- Jows The several counties of this State as they now exist are bodles corporate and politic, and as wers specified in this act and implied eir powers can only be exercised by the Boards of Supervisors or by agents and fuch have the p such other powers as are necessarily officers acting under their authority or author- ity of law. An Unconstitutional Provision. Subat 25 of section 2 of the same @ct provides that Boards of Supervisors ean license all and any Kinds of business ibited by law for purposes of gulation and revenue, and subdivision 1 of the same section gives to Boards of ors the right to make police, ry and other necessary regulations. Within the same act the provision for laws by popular vote, which may with ordinances passed by the of Supervisors, is then made. vision, which has been declared follows: on nal there shall be presented to the upervisors @ petition or petitions legal voters of sald county, equal 50 per cent of the votes cast at the last prece asking that an ordi- mance, to be set forth in such petition, be sub- ed to a vote of qualified voters, it shall be £ the Board of Supervisors by procla- submit such proposed ordinance to the qualified electors of such is as election, m the mation t the vote of The law then provides that when a ma- jority of such votes are cast in favor of the adoption of the proposed ordinance it devolves upon the Board of Supervisors to issue a proclamation to that effect, and nce is then legally recognized. The Wentura Co voters passed an ordinance under this law regulating the sale of liquors. An ordinance covering lquor licenses and regularly passed by the Board of Supervisors was in effect at the seme time. Anderson complied with the reguiar ordinance and viclated that passed by the vote of the people. He was imprisoned and asked for his release on the ground that the violated ordinance unconstitutional. The Superior the ordi B | I.i_.’ TODDARTD 14 SREPIID IS = S 7 =49, FROM FRANCE 10 NEW YORK BY RAILROAD De Lobel Declares His Project Will Go Through. Trans-Siberian Line Will Soon Connect With an Alaskan System. s Spectal Dispatch to The Call. DAWSON, Aug. 12, via Seattle, Aug. 26. —L. de Lobel, the French promoter, who is said to be associated with Robert Bar- bier of the Russo-China Bank of Peking and representative of the Russian Gov- ernment’s Manchurian railway in the giant scheme to build a rallway across Alaska and Siberia to connect America and Asia by bands of .steel, is now in Dawson. He arrived a few days ago and is here just now looking particularly to mining interests he has had in the Klon- dike gold fields. He will return to the outside in October. De Lobel says that he has obtained the | promise of some of the miost influential and wealthy men of France to back the enterprise and that he now has the sup- pert of such Americans as Rockefeller and will make an effort to enlisf further aid of money kings of the States, as weil as the heads of the three Governments of America, Russia and France. He will visit President McKinley this fall and then go to St. Petersburg to hold a coun- cll with the Czar. The scheme of De Lobel is to have a road bulilt, spanning Alaska from Circle City, thence crossing the Bering Straits by heavy ships able to encounter the ice and thence to run down the Stberian coast to Vladivostok. Will Connect With Dawson. The Circle end will be connected eventu- ally, he says, with Dawson, where it will have connection with a Canadian lne from the South, presumably the road be- ing gradually built in a northwesterly di- rection in Canada by the McKenzie-Mann combination, which will give connection with all the principal parts of the Ameri- can continent. In an interview here De MPRISONS 01D MINER I A SHHFT |Klondiker Holds Gray- [ Haired Man for Ransom. pie L | Victim Makes a Remarkable Escape From His Icy Dungeon. e ] Special Disp: SEATTLE, Aug. 2.—From Dawson | comes a story that rivals that of the Cudahy kidnaping, the victim in this case being. a gray-haired miner of 69 years. Edward Mortimer, an aged prospector, possessed of some means, arrived in the Klondike metropolis from up the Yukon two wgeks ago and applied for police pro- tection. He gave a thrilling account of imprisonment in and remarkable escape from a thirty-five foot shaft glazed with ice and perpendicular. Mortimer says that he was, on August 6, invelgled into a mining shaft on Thistle Creek, 179 miles above Dawson, by a man whose name he does not know. After he had been lowered on a rope for the ostensible purpose of getting some meat that his companion wanted him to bring from its storage place in the per- manent frost at the bottom of the shaft the rope was cut and he was left there. Mortimer was dumfounded. He scarcely realized that he was a prisoner until his captor shouted down to him that he had stolen a plece of partnership gold to the value of $1400, and that if he did not con fess he would be kept there until he died. The old miner protested that he knew nothing of the gold, and his captor coy- ered the shaft and left. He was gone two hours. Plans to Commit Suicide. The prisoner was chilling through, and, fearing a lonesome death, began to pre- pareto kill himself. He saw a slightly projecting icy point above his head and détermined to throw a.loop of the rope over it. After an hour and a half he was successful. Then he arranged knots in the rope and climbed to the jutting shelf, intending to tie the rope about his neck, h to The Call. was Lobel sald: Jump off and hang himself. Court denied his petition and the case “I read a paper at a meeting of finan- Once on the dizzy niche of ice, a new Continued on Page Two. Continued on Page Three. Continued on Page Three. 8 SIR KNIGHTS WHO PROMINENT AT THE ENNIAL CONCLAVE. o = CAPTURES AMERIGAN DESERTER MANILA, Aug. 26—Pitcher’s first dis- patch from Mindoro tells how Lieutenant Hazzard of the Third Cavalry, command- ing a troop of Macabebe scouts, captured the American deserter Howard, who as a leader of the Filipinos has been annoying the Americans for many months. Fergu- son, one of Lieutenant Hazzard's civillan scouts, disgulsed as an insurgent, with elght Macabebes penetrated into the camp of Colonel Atienza, commanding 240 rifle- men and 200 bolomen, at night, located Howard, bound ;and gagged him and led him away without disturbing the camp. Captain Harold L. Jackson of the First Infantry recently surprised General Luk- ban at Pambujan, in the mountains of the island of Samar. Three of the gen- eral's guard were killed and Lukban was wounded, but escaped. His family was captured. A captaln and a lleutenant were also made prisoners. Dr. Ohlinger, a returning contract sur- geon, was drowned by the swamping of a boat in the Pambujan River. His body ‘was not recovered. ; Civil Governor-Taft received at Aparri, province of Canagan, the biggest ovation of his trip. He announced that~Aparri would be a port of entry and receive a large appropriation for-the improvement of_the harbor and the Cagayan River. ARE TRI- IBOUL HAMID CONTINUES TO ANNOY FRANCE Turf:ey’s Sultan Appears to Still Dodge Full Payment. g et Embassador Constans Leaves Constantinople as a Mark of Displeasure. gl CONSTANTINOPLE, Aug. 2.—The amount of the indemnity which the Sultan agrees to pay the quays company for interference with its rights is’ 700,000 francs. The Sultan will also pay 600,000 francs to a Frenchman on account of the seizing of his'lands in Albania. The com- pany renounces for a year the clause in its concession regarding the quays. to Turkey, only, it is believed, to save ap- pearances for the Sultan. M. Ccnstans, the French Embassador, after making farewell calls on his col- leagues yesterday, left here to-day on board the Vatour for Stamboul, where he will take the train. PARIS, Aug. 26.—Sultan Abdul Hamid's persistence in procrastinating methods continues to disturb the Turkish relations with France. His irade giving satisfac- tion in the quays question was taken as indicating that he would accept the entirza French claims, but M. Constans tele- graphed yesterday that the Sultan was still holding out against the claims pay- | ment of the three Frenchmen, dating back many years and amounting to sev- eral million francs, for which M. Constans demanded a settlement and declares he wili leave Constantinople unless the mat- ter was settled. This actlon, however, will only be a manifestation of dissatisfaction and not a rupture of relations, as the councilor of the French Embassy will take over the affairs of the embassy and continue the investigations. M. Constans ostensibly will leave on a vacation. I.ONDON, Aug. 26.—The dispatch from Constantinople announcing that = the French Embassador there, M. Constans, left there to-day is not understood efther in London or Paris, though it is not be- lieved that it means a further difference between France and Turkey. The sup- position is that M. Constans is taking a 1 holiday. 3 SINTY-ElGHT HRE GAPTURED BY THE BOERS Lord Kitchener Reports a Disaster to British Troops. Boer Leaders Steyn, ,Botha and Dewet Send Deflant Letters. —_— LONDON, Aug. 2.—A dispatch from Lord Kitchener, dated from Pretoria to- day, says: “Three officers and sixty-five men who were sent north of Ladybrand, Orange River Colony, on the right of Elliott’s col- umn, were surrounded on unfavorable grounds and.captured by a superior force August 22. One“man was killed and four were wounded. The prisoners “were re- leased. Am hoiding an inquiry. “Have received a long letter from Steyn containing an argumentative statement of the Boer case and saying he will continue to fight. Also a short letter from Dewet to the same effect. “Botha writes acknowledging the receipt of my proclamation and protesting against it, and stating that the Boers intend to 8o on fighting. On the other hand, the surrenders lately have increased consid- erably.” Newton Crane, in behalf of the Ameri- can embassy, has presented another claim to the South African Compensation Com- mission, that of Charles P. Nelken, a na- tive of Prussia 2nd a naturalized Amer\- can citizen. Major General Sir John Ardagh, repre- senting the Foreign Office, pointed out that the claimant’'s letter sald he had Jjoined the Boers in order to protect his property, selzed by the Boers, and re- marked: “No person who fought against Great Britain will receive any compensa- tion on the recommendation of the com- mission.” Nelken, said Crane, was a man who had laid down his arms and resumed his neu- tral status at the time he was deported, and was entitled to the benefit of his neu- tral status. Chairman Milvain said: “No person who has fought against Great Britain will recelve compensation. E AT LOUISVILLE BEAUTIUL DECORATIONS ONG ROUTE Great. Pageant Is Wel- comed With Flutter- ‘ing Emblsms. Cars and Bcats Used to Pro- vide Shelter fcr Some of the Visitors. Many Cities Bidding for the Next Grand Encampment and San Francisco Is an Active Competitor. LOUISVILLE, Ky., Aus. 26.—The twen- ty-eighth triennial conclave of the Grand Encampmant of Knights Templar will be- sin here to-morrow, and the official pre- diction is for faif weather for the big parade. Major John H. Leathers, grand marshal of the parade, stated to-night that in- formation received during the day led him to expect 40,000 Sir Knights would be in line when the procession moves. This pageant. as planned, will extend over a route of four miles and will be the crown- ing glory of the conclave. Knights Tem- plar from nearly every city gf the coun- try. including even Honolulu, will be in line. The course of the parade is a fluttering show of bunting. flags and streamers, and nearly every one of them will* present to the marchers some sign of welcome. Ex- traordinary precautions to keep the streets clear have been adopted. Ninety Thousand Visitors. Incoming trains clogged the tracks about the city throughout the day and by midnight all but a few scattered com- manderies had arrived and been escorted to their quarters. From ten to thirty trains arrived over every railroad enter- ing the city. and it is estimated that there are 90,000 visitors here to-night. Hotels and other places are crowded to the doors ‘with guests, and visitors also oc- cupy steamboats moored at the wharves and Pullman sleepers placed in different parts of the city. The various Kentucky commanderies were divided into detachments to-day, and, accompanied in every instance by a brass band, met incoming delegations at the station and escorted them to their quarters. Rain during the afternoen drenched the draperies of the buildings, but they suffered no material damage generally. Grand Generalissimo George M. Moulton of Chicago stated to-night that the elec- tion of officers of the Grand Encampment would undoubtedly be the usual perfunc- tory affair it has been for years past. Grand Master Lloyd will retire and be succeeded by Deputy Grand Master Stod- dard of Texas. Officers under him will each advance one grade. This will leave one vacancy to be. contested for—the junior grand wardenship. A hot skirmish is expected. In connection with this office nearly every grand commander at the conclave is regarded as a candidate, and a great deal of quiet electioneering was done to-day. Bidding for Next Conclave. The selection of the next meeting place for the conclave will be one of the last things to come before the encampment. St. Paul, Milwaukee and San Francisco are making strong bids for the honor. Denver and Cincinnat! are also in line, while St. Louis and various cities of New England are regarded as possibilities. The grand commanderies of the major- ity of States reached here during the day. The city was a scintillating glow of light to-night when the festivities of the week ‘were begun at the Custom-house with a reception to Grand Encampment officers and ladies. Grand Commander Jefferson of Kentucky made a brief speech of wel- come, to which Grand Master Lloyd re- sponded happily. WELCOMED BY KENTUCKIANS. Californians Much in Evidence at the Blue Grass Metropolis. LOUISVILLE, Ky., Aug. 2%.—Kentucky has reaffirmed its title to being the most hospitable land under the sun. Every Californian here labors under the impres- slon that he is really the guest of honor and that all others are base imitations. The Louisville people are gifted with the faculty of making strangers quickly fesl that they own the cream of the blue grass region and most of its blooded stock. Many are the pointers In hospitality that Californians are receiving and which will be used later on in the Golden State to advantage. Golden Gate Commandery arrived this morning, forty minutes ahead of - time, having made the run from San Francisco on time at all points. The welcome ac- corded was said to be the most impressive of any given to a visiting commandery. An escort from- California Commandery, under Eminent Commander Carroll Cook, met the newcomers at the station and Louisville Commandery lined up with swords presented and made a lane through which Golden Gate Commandery passed. All were in full uniform, making a splen- did spectacle. At the Galt House ths commandery marched directly through ranks and crowds of Sir Knights from all parts of the Union to the commandery a _ Continued on Page Twoy