The San Francisco Call. Newspaper, December 14, 1901, Page 8

THE SAN FRANCISCO CALL, SATURDAY. DECEMBER, 14, 1901. ADVERTISEMENTS. AS TO CLOTHING. is an epitaph in a Vermont church- yard: ““Iexpected this but not so soon.”” Such is the epitaph on clothing worn out in the wash-tub, Underclothing may be fragile, yet it ought not to wear out in ten weeks. But this isn’t wear; it is decay. You buy 5 cents worth of cheap soap and you lose the equivalent of 50 cents in the wash-tub. the most delicate fabric. IVORY SOAP IS 994 PER CENT. Ivory Soap will not harm Is it wise not to use it? PURE. FIRST SYMPHONY GONGERT PLEASES Paul Steindorff Wins New Laurels as a Leader. The first concert of the San Francisco Symphony Society, given yesterday after- noon at the Grand Opera-house, must be voted a genuine suc: The compara- tively large house that greeted the new Jeader and his men shows a highly en- couraging interest in the soclety, and the work done yesterday afternoon by the con- duc and the orchestra more than jus- tifies all the interest shown. It is not e the kind of thing that was expeclgd from Mr. Steindorff as a leader, but it is something just as good and perhaps safer. He surprised even his best friends. yester- day afternoon by the general excellence of the work done under his baton as well as by its unexpected conservatism, and it as found lacking only in those qualities that time alone can furnish. Mr. Steindorff has a particularly good stra at his eommand, strong in the strings and well balanced throughout, though through the exigencies of the Grand Opera-house stage accommodations the wood wind loses its weight and the whole tone of the orchestra is slightly thinned and deadened. But practically all of the best orchestral material in towh is 10 be found in the orchestra, though there a few names that should not be ing. Yesterday’s work in 1ce, precision and sin- proves that the orchestra cerity amply ¥ 1€ has found fitting leader in Mr. Stein- dorff. It is a less spirited leadership 1han had been looked for from the enthu- siastic conductor of the Tivoli, but that the spirit i= there Mr. Steindorff’s efforts g the Tivoli grand opera season wit- | ness to full satisfaction, and that he has thought fit to sacrifice the easiér enthu- siasm for a_more classic correctness at the outset of his symphony career prom- ises well, indeed, for his future work in the society. The programme of modest one—rather a lightweight pro- gramme, in fact, and perhaps insufficient- Iy varied in character. The *“Academic | Overture” of Brahms came first, with its ingeniously Interwoven student melodies, rhythmic fun, noble harmonies and large, pirit, well interpreted by the of- tholigh on the Whole it was tech- | the least satisfying number on the programme. There was admirable work done in the Raff symphony “Im Walde.” that followed, delicate, weil poised, finely balanced work, that showed Mr. Stein- dorff in his newer lignt to best advantage. - go Traumerel,” with its muted string accompaniment and lovely echoing fiute and oboe melodies, was charmingly glven, and the dainty scherzo was also given with elegance and spirit. One felt a lack of climax in the heavy’finale, but it wae an excellent reading on the whole and most promising. Two light numbers of Moszkowsky’s warmed the house up to encore point, and the Spanish dance was repeated to its_evident enjoyment. The pretty, abrupt Volkmann serenade, for strings, came next, and the Slavic-color and brassy richness of Liszt's ““Rakocsky March” closed the enjovable programme. Considering the refrigerator-like atmos- phere of the Grand Opera-house—like every other symphony concert-house, by the way—the audience was an enthusias- tic one, though on the whole it would have been better satisfied with heavier fare. It will get that at the next concert, on January 10, when the following pro- ramme will be given: Overture, “IJeber Zwel Thueringische Volkslieder’ (first time), Lassen; symphony N vesterday was a nicall L. von Beethow scherzo, Night's Dream, Mendelssohn; prelude from “Die Meistersinger,” Wagner; “Rouet d'Omphale,” symphonic poem, Saint-Saens. Meantime there is everything to be hoped from the new band and its leader. ONE MILLION DOLLARS FOR A MILLING PLANT Eastern Capitalists Ready to Invest That Much Money in a Local Enterprise. Eastern capitalists now in this city will soon invest a million dollars in a new milling enterprise. They have made a careful examination of ‘the seawall dis- trict and it is their intention to.erect the mill where both water and rail facllities may be obtained. The manufacture of rolled oats will be the purpose of this new enterprise. It = rumored that an enterprising local miller is also interested in the venture. —_———— Read a Paper on Bugs. The California State Floral Society met vesterday at 223 Sutter street. Emory E. Smith occupied the chair and Mrs. Henry P. Tricou acted as secretary. A paper written by Alexander Craw on > subject, “Bugs to Be Encountered in Floriculture,” was read. Craw is a rec- ognized authority on that subject, and his remarks were attentively listened to. © was decided to incorporate his sug- stisns in the form of a circular and to send the same to all persdns interested in_floriculture. Poems were read by Mrs. J. R. Mart'n, Mrs. A. W. Maslin and Miss A.' G.’Cat- lin. Several fine specimens of the golden poppy were displayed. A social followed the transaction of the business of the meeting. —_——— Mail a copy of the great Christmas Call to your friends in the East and foreign lands. 1 | Its Problem: { of | certain public - utilities," particularly PHILOLOGY WILL BE THEIR STUDY Educators to Speak at Mark Hopkins In- stitute. The third annual meeting of the Philo- logical Association of the Pacific Coast is to be held- at.the Mark Hopkins Insti- tute of Art. The opening session will begin on Thursday, December 26, Several members of the Stanford faculty will speak before the association. On Thursday at the afternoon session Professor O. M. Johnston of the depart- ment of Romanic languages will speak on “The Fountain Episode in Chrestien de Troles’ Yvain,” and Professor E. M. Pease, head of the Latin department, on the subject, “The Significance of the Dif- ferent Forms of Address in the Latin Vocative.” 1In the evening Ewald Flugel, professor of English philology, will de- liver the. annual address as president on “The History of English Pnilology and On Friday H. R. Fairclough, professor of classical literature, will lecture on “'Homeric Song and the Mode of Rhapso- dizing’ Protessor J. Matzke of Ro- manic languages on ‘“I'he Anglo-Norman Poet, Simund de Freine"; Professor C. Searies of the Romanic languages depart- ment on the subject, “La Moglie lnvo- lata, Orl. Inn. 1—22” and Instructor E. H. Putnam of the English department on “The Middle English Origin of ‘Many a Man’ and Similar Phrases.” During the morning session on Satur- day, December 28, Dr. B. O. Foster of the Latin department will deliver an address on “Nicander and Virgil”; Professor E. P. Anderson ot the department of Eng- lish philology one on ‘the subject, “Some Notes. on Chaucer’s Treatment of the Somnium Scipionis,” and Professor Julius Goebel of German literature and philol- ogy will speak on “Faust as a Document Goethe’s Inner Life.” Professor E. Flugel, president of the ‘association, will deliver the final address of the morning session on *“The History of the “Word ‘Religio’ in the Middle Ages.” Other papers on important philological subjects will be delivered during the con- vention by President Benjamin Ide Wheeler of the University of California, by Professors E. B. Clapp, A, F. Lange, C. M. Gayley, H. WV Prescott, H. K. Shilling, J. Richardson, John Fryer, J. T. Allen, H. C. Nutting, M. L. Mar- golis and C. B. Bradley of the University of California, and by Professors F. G. G. Schmidt and ¥. 8. Dunn of the Univer. sity of Oregon and F. M. Paddleford of the University of Washington. 1 Charles B. Keves of the University of California and President H. T. Archibald of Occi- dental College will also address the meet- 1n$s4 kree prominent members of the Stan- ford faculty are at present officers of the | Philological Association, Professor Flugel being president. Professor Pease vice president and Professor Matzke secre. tary. The meeting of the association will bring together a large number of the most prominent educational men on the coast. _!r ; ICTURES and stories for the young and the old! Poetry and prose! Ser- mons from the pensof em- inent California divines! A new game that you can cut out of .the - paper, paste on cardboard and. play during the long winter evenings! All of these and much more in next Sunday’s Call—the great Christmas edition. % FAVORS ACQUISITION OF PUBLIC UTILITIES Iroquois Club Intends to Co-Operate With Union Labor Party to That End. The Iroquois Club at its meeting last night Instructed the secretary to send a communication to the Union Labor party, inviting it to appoint a committee to mest with an Iroquois Club committee to de- vise plans for the municipal acquisition of the Geary-street railroad. Stephen V. Costello discussed the power of the Mayor to remove appointive offi- cers whose terms are fixed by the char- ter. He quoted many decisions holding that removal can be made for cause only. The following new officers were elected: J. B: Keenan, president; first vice presi- dent, J. C. Gorman; second vice. president, W. H. Kiine; recording secretary, E. R. Zicn; corresponding secretary, H. L. Blen- fleld; financial secretary, August Pratt; treasurer, W. A. Asmussen; trustees—Ww. §. Boyan. L. Mfi!s{erh(‘,h!nrles Gildea, C. 5 . uttlar, - A erle, . S 4 A. Leat and i e. Max Popper preferred charges ail Captain George H, Krimphoff, a mlfmlb.‘::- of the club. for acting as a delegate to the recent Union Labor party convention. —————— De Longpre’s Flower Paintings. Exhibition will continue till Saturday at Kennedy & Rabjohn's, 21 Post st 4 St O i e LITIGATION MAY ~ FOLLOW RULING Far-Reaching Effect of Decision Regarding Insanity Law. Bondsmen of Treasurer and Auditor Thought to Be Liable. —_—— The decision of the Supreme Court in the Lambert case, filed a few days ago, may prove a bombshell to various Supe- rior Judges and city officials and result in suits against the bondsmen of the Auditor and Treasurer for the recovery of some $25,000 paid out of the city treasury for the examination and commitment of in- sane persons since 1897. Under the decision all persons who were committed to asylums for the insane may secure their release on habeas corpus, it having been held by the court that the statute under which they were committed was unconstitutional and therefore void. Auditor Wells has been notified that he will hereafter audit clatms of the Com- missioners of Lunacy at his own risk, and he is now investigating the matter. Should he find that he or his bondsmen are liable under the law for the expendi- ture of money in this respect he will re- fuse to audit the said claims, which ag- | gregate sums varying between $300 and | $600 each month. The attention of the Attorney General has been called to the situation resuiting from the decision in the Lambert case, and as he is the proper official to see that the rights of the people of the State are properly guarded he may take steps to re- | cover the money which has been paid without warrant of law under the act now declared to be unconstitutional. Improperly Restrained of Liberty. The Lambert case, which is responsible for the trouble and litigation wheih seems inevitable, was an appeal from the Supe- rior Court of Napa County. W. H. Lam- bert alleged that he was improperly re- strained of his liberty by A. M. Gardner. ambert was an inmate of the asylum at | Napa, and he applied for a writ of habeas | corpus on his commitment to that institu- { tion by Judge A. J. Buckles of Solano on November 9, 15%5. He alleged in his own behalf that the act of March 31, 187 (Statutes of 1897, page 311), known as the insanity law, under which the proceedings for his commitment were had, was uncon- stitutional, in that he was thereby de- prived of his liberty without due process of law; that the proceedings thereunder were insufficient to authorize his commit- ment, and that upon the application therefor the Judge of the Superior Court had no jurisdiction or authority to make | that order, and that the said order, to- | gether with the documents accompanying the same, did not justify his detention or confinement. Law Declared Invalid. The Supreme Court analyzed the law of 11897, which_ provided for the organiza- tion of a State Commission in Lunacy and defined its powers. Under this law {an accused person was arrested without notice, and after a purely ex parte ex- amination by a commissioner acting un- der the authority of court was either | committed or released in accordance with the evidence adduced. The court, in hold- ing this procedure to be contrary to the | provisions of the constitution, which | guaraatee liberty to all citizens accord- ing to prescribed formulas, went on to sa; Ar order for the commitment of a person | to an insane hospital is essentially a judg- ment by which he is deprived of his liberty, | and it is a cardinal principle in English juris- prudence that before any judgment can be pronounced against a person there must have been a trial of the issue upon which the judg- ment is given. * * * The constitutional guaranty that he shall not be deprived of his liberty without due process of law is violated whenever such judgment is had without giv- ing him an opportunity to be heard in defense | of the charge, and upon such hearing to offer evidence in_support of his defense. If his right to a hearing depends upon the will or caprice of others, or upon the discretion or will of the Judge who is to make a decision upon the issue, he is not protected in his con- stitutional rights. (Underwood vs. People, 32 Mich, 1) To say that, if he is in fact insanc, therefore any notice to him would be vain, 15 to beg the very question whose determination underlies the right of the State to deprive him of his liberty. The fact of his insanity is to| be determined before his right to his liberty can be violated. If that question is determined against him without any notice or opportunity to be heard, or to introduce evidence in his behalf, and under such determination he is confined In the hospital, his constitutional | guaranty is violated. | ~ Under the foregoing considerations it must | | be held that the insanity law of 1897, to the | | extent that it authorizes the confinement of | a person in an insane asylum without giving him notice and an opportunity to be heard upon the charge against him, is unconsti- tutional, and that the proceedings by virtue of which the petitioner is held by the respond- ent are invalid. It is ordered that the petitioner be released from the asylum. Effect of the Decision. The effect of the decision will be to place all persons who have been commit- ted to the various asylums for the insane in the State since 1897 in a position to successfully apply for writs of habeas corpus. In this city alone the commit- ments numbered from twenty-flve to one hundred people a month. Other counties of the State hav sent a _proportional | number to the asylums at Napa, Stock- { ton, Ukiah and Agne Of course the decision applies to only such persons now confined in the asylums whose liberty would not be a menace to the lives and | welfare of others. In cases of lnsauel | persons with homicidal manias, whose | liberty would be fruitful of harm, the| court might order their temporary deten- | tion until the Legislature could enact a | law not in conflict with the onstitutional | | rights of citizens or until a legal com- | migsior in lunacy might be convened. | The spirit of the decision quoted s to give every man charged with being insane the right of trial by jury and the addl- tional right to offer testimony in his own defense. 1t is because of the lack of these requirements that the law of 1897 | has been declared unconstitutional. The law did not provide the proper machinery for depriving insane people of their 1ib- erty, and in the eyves of the law an ex parte examination b{ which any one is deprived of his constitutional rights is of no effect. Under the act of 1897 there have been four physicfans. appointed by the Supe- rior Judges, who served alternately each month as Commissioners of Lunacy in this city. ,The fee in each case exam- ined, whether the accused is committed or not. is $5 for each physician. The Commissioners are usually employed. an hour each day.and their compensation rarely averages less ‘than $150 a month, Their demands are presented to the Su- pervisors. and after being passed upon by the Finance Committee are sent to the Auditor. They are then audited and pa]ld : by Iihe ]Treasuren t Is quite likely that until his personal labllity is deterntined in the é’mmses the Auditor will audit no more demands of the Commission of Lunacy. The out- come of the tangle will be watched with int«fi‘sst by the attorneys and public gen- erally. NOTICE TO PATRONS. Owing to the large size of The Call’s Christmas Edition to be issued Sunday, December 15, and the great volume of extra advertising already 1eceived, no advertisements of any description will be accepted for pub- lication in that issue after 9:30 p. m. Saturday. The Christmas Call will be the largest, finest and most elaborately illustrated holiday edition published on the Pacific Slope. Send a copy to your Eastern friends. Ready for mailing 5 cents per copy. — e Native Daughters Will Dance. “La Vespera Parlor, Native Daughters of the Golden West, located in South San Francisco, will give a grand ball in South San Francisco Opera-house, corner of Railrecad and Fifteenth avenues, to-night. The affair promises to be one of the finest social events ever given by the parlor. ever Known. made, and at % " TRADE Cigarettes ‘you will have the best-value in Turkish: tobacco . that | you have — e — ADVERTISEMENTS. All Turkish tobacco and perfectly) 10c. for 10, S. ANARGYROS; Msarfyenarerof ihe fomans Sagpias Qeiiiex Clesribad FIGHT AGAINGT LOWER DUTIES Membpers of Chamber of Commerce File a Protest. A special meeting of the board of trus- tees of the Chamber of Commerce was held yesterday afternoon to act upon the report of the committee on foreign com- merce and revenue laws, to which the matter of trade relations between the United States and Cuba had been re- ferred. President George A. Newhall pre- sided. The board authorized the president to sign a petition to the California dele- gation in Congress to use its best efforts to induce Congress to maintain the coast- wise shipping laws between the United States and the Philippine Islands, which provide that all trade between the islands and the United States shall be in vessels carrying the American flag. It was also decided that the president should tele- graph Willlam M. Bunker, the permanent representative of the Chamber of Com- merce in Washington, to confer with the California delegates in an endeavor to have the present duties on rope and man- ufactured cigars coming into this country from the Philippine Islands maintained. The board indorsed the resolutions of the National Rivers and Harbors Congress which will be presented to Congress by a committee of ~ twenty-two, composed of delegates from each State represented at the Harbor Congress in Baltimore, the object of the resolutions being to impress upon the National Congress the urgent necessity of providing ample funds in the rivers and harbors bill for the proper im- provement of rivers and waterways. ‘t'he following resolution adopted by the board was tlegraphed to Mr. Bunker at ‘Washington at the conclusion of the meeting, with a request that a copy be iven to each member of the California lelegation: ‘Whereas, Strenuous efforts are now being made for the establishment of reciprocal trade relations between the United States and Cuba; and whereas, such trade relations would serl- ously injure 'the agricultural and horticultural industries of California -and . other States; therefore be it Resolved, That the Chamber of Commerce of Ban Francisco hereby earnestly protests against LOGATES WRECK OF SAN RAFAEL Captain Rogers Fastens Drag on Sunken Ferryboat. The wreck of the San Rafael has been located and lost again several times. Now Captain H. J. Rogers and his assistants are certain they have the renfains of the vessel for good. Yesterday they were out on two of Crowley’s launches and after drifting for an hour the drag held. Then the assistance of the Spreckels tug Relief was called in and the remains of the ill- fated vessel we e finally located. Regard- ing the bellef that the wreck has been lo- cated Captain Silovich of the tug Relief sald: I am certain we have located the remains of the San Rafael. Our drag anchor held and the flukes and chain are marked with white and green paint. We were almost in a straight liue from the Alcatraz light to the gas works and the hull lies in twenty fathoms of water. ‘There is fourteen fathoms over her, but on each side of her there is a fail of about thirty feet. She could not have drifted more than a quarter of a mile after she collided with the Sausalito before she went down. Judging from our soundings she must be Iying on her side. I am sure they have lo- cated her but whether the hull will ever be of any use even if it is recovered I don’t know. The machinery s the best of its kind and is well worth saving. Divers will go down to-duy and make sure, but to my mind there is no doubt that they have the wreck. If it s in the position we think then both the captalns were wrong in their calculations. ® g (4 any reduction of the duties now in force on importations from Cuba, which provide pro- tection to the agricultural and horticultural products of California, such as sugar, citrus fruits, etc.; and further Resolved, That we hereby respectfully re- quest the California delegation in Congress to oppose any action which would lead to a re- duction_of these duties. The Manufacturers’ and Producers’ As- sociation took action yesterday afternoon in accord with the Chamber of Com- merce. The resolutions adopted by the Rivers and Harbors Convention last Oct. ber, calling for a definite plan for the im- provement of rivers and harbors, were indorsed. MYSTERY RULES GOPPER MARKET London Speculators Un- able to Fathom the Affair. LONDON, Dec. 13.—The directors of the | Rio Tintos Company have been meeting here daily, though quite informally, since the copper crisis became acute. It was officially stated after to-day’s meeting that whatever settlement may be arrived at now lies entirely with the Amalga- mated Copper Company. The Rio Tintos Company has made all the propositior which it intends to make, but so far has | received no indication of the action the | Amalgamated Copper Company proposes to take. A feeling prevails that the con- ditions will not be altered at present. The Pall Mall Gazette says that if Rock- efeller has really thrown down the gaunt- let to the Rothscnilds, which the paper thinks improbable, there can be little doubt of the Rothschilds’ victory. The paper adds: “The Rio Tintos Company is in a posi- tion to regard with equanamity a further drop of 20 shillings per ton, but not so the Standard Oil Company, which has to consider the possibility of a general smash of the American market.” Rio Tintos fell three-eighths at the opening to-day, but subsequently regained this and slightly improved on last night's price. The copper market is still gov- erned by mysterious influences, the gene- sis of which even the dealers are unable to understand. It is said to be remarka- ble that, in spite of the selling pressure, coupled with the gloomy reports from New York, the price of the standard grade has only shrunk three shillings per ton. The first change in the price to-day was when 1200 tons were sold at £52 for all dates up to February 28, and at £51 6s for the three months. The heaviest sell ing was from a fresh quarter. It excited curiosity, but no explanation was forth- coming. It is believed in many quarters that the most important London houses consider the present prices to be justified by the great expansion and consumption of re- cent years, and that, consequently, they are willing to lay in considerable stocks WOMAN GOES T0 A PRISON Companion of a Sus- pected Train Robber Is Sentenced. ST. LOUIS, Dec. 13.—Laura Bullion, the female companion of Benjamin Kilpa rick, the Montana train robber suspec who was yesterday convicted of having in his possession forged national bank notes, was to-day sentenced by Unitel States District Judge Adams to five years' { imprisonment in the Federal prison at Leavenworth, Kans. Kilpatrick yester- day received a senience of fifteen years’ | imprisonment at Jefferson City. | _F. D. Elliott, representing the Great | Northern Railroad, called at the Four | Courts and announced that one-third of the 35000 offered by his company would be awarded the six detectives who arrested Kilpatrick, one of the_alleged -Great Northefn train robbers. Twenty per cent | of this will go to the Police Relief Asso- ciation. This will leave a_reward of $222 | each for Detectives A. L. Guiot, John M Grath, James Burke, George Willlams, W | P. Brady and John Shevelin. —_— Wedding Date Is Announced. ‘WASHINGTON, Dec. 13.—The marriage i | | of Miss Helen Hay, daughter of the Sec- | retary of State, and Payne Whitney of | New York will occur Thursday, February 6, at the Church of the Covenant in this city. The Rev. Tunis S. Hamlin, the pas- tor of the church, will officiate’ and will be assisted by two visiting clergymen. About 600 invitations will be issued. —_— Money for Mare Island. p WASHINGTON, Dee. 13.—Secretary Long to-day sent to the House additional estimates for naval improvements, includ- ing $203,000 for the naval station at Ca- vite, $314,000 for the Puget Sound naval ;tntilon and $260,000 for Mare Island, Cali- ornia. ® ® in the neighborhood of £ which they would not have done at £7). Thus, tha market is sustained by quiet absorption of the most tempting offers. I have alwa thmbflvfl:loffhtol tions, and now have no the medicines have done me your medicines with terrible at my mdthmm pains at all. As have always suffered g ey el v stand at the head o Tradiords Biack Regular habits are the foundation of a woman’s health. She courts disastrous sick R KRR death itself, when she allows herself to keep very late hours. It is unnatural for less nights and drowsy, fretful days. This strain strikes at the vital center of anyone to spend sleep- womanhood, the nervous system and deranged menstruation, with all its appalling suffering, is the result. Ul will regulate the menstrual flow. It makes strong nerves. Mrs. Lottman suffered because her menses were irregular, and Wine of Cardui take Wine of Cardui to correct irregul endure. Wine of Cardui has cured 1,000,000 sufferers, many worse cases suffer any longer. The offer of such a Will you get a $1.00 bottle of Wine For advice and literature, address, Department”, The cured her of a very severe illness. as Wine of Cardui the Cardui _— Chattancogs A woman who is careful to hfiuunndmkmflnms”m,,‘hm than Mrs. Lottman’s. Don't whole matter in your hands. ui from your druggist to-day and secure speedy relief?