The San Francisco Call. Newspaper, January 7, 1902, Page 1

VOLUME XCL—NO 38, SAN FRANCISCO, TUESDAY, JANUARY 7, 1902. SCHMITZ DEMANDS POSSESSION OF OFFICE TO WHIC HE WAS ELECT " FILIBUSTER CAPTURES A WAR VESSEL Revolutionary Steamer Ban Righ Takes Fed- erzl Gunboat. Expedition Agginst Venezuela Makes a2 Landing Near Vealdecoro. Overtlirown | Probably Chief Castro Is Matos Will last night the amer Libe; tim people d signaling several to neral Riera, the t leader, and all the who had assembled board the Libertador 'NAMED BY were received | o PHELAN FOR VAEANCIES |C. A, Murdock and F.'J. | Sullivan Given Com- missionships. AYOR PHELAN yesterday appointed Charles A. Mur- dock a Civil Service Com- | missioner to succeed J.| | Richard Freud, deceased, night and landed on i ammunition. here this afternoon that has captured the Vene- bador. The gunboat zuelan navy was Agosto. tug named ro the Country’s Enemy. 6.+General An- dent of Venezuela, ved tere from Curacao yesterday, course of an interview Castro who is The Venezuelans 0 desire f war with and Colombia dur- vears have aiway as sister republics, friendly and most the Castro's machina- Matos May Become President. nal troubles of rade sald he was country was in , whose Government a§ any time who, ch, honorable m much esteemed fall said, was a per- and weil supported quarters, would possi- bly be a ca for the Presidency once Castro was overthrown. Andrade added that he himself was unwilling re-election. to se When questioned on the subject of the Venezuel revolutionary steamer Liber- tador (Ban Righ) Andrade said he was confident the expedition would succeed in effectin ing on some eastern point n coas! JEALOUS HUSBAND KILLS COMFANION OF HIS WIFE Fires Five Shots and Three Take Effect in the Body of His Victim. , Jan. 6.—James Hooker times late last night by n of Milan and so badly he died to-day. Mrs. Far- not lived with her hus- er of months, was visit- s home. Farrington came lan last night and went to eriff znd asked help to secure evi- dence 2 his wife for the purpose of orce. Accompanied by Sher- iff Shepherd and a policeman, Farrington went to the Hooker house about midnight. When the party secured admission Far- rington opened fire over the Sherifl's shoulder as soon as he saw the couple together. He fired five shots and three took effect in Hooker's body. The woman was uninjured. Farrington is under ar- rest. Z ADRIAN, Mic three Bert ¥ wounded the the s morning near Veal- | first time | and Frank J. Sullivan Park | Commissfoner, vice Walter | S. Martin, resigned. Murdock is a Re- | publican in polities and Sullivan, who 1s | Phelan's brother-in-law, is a Democrat. | Murdock 1is president of a printing con- | Sullivan is an attorney at law and | | was once elected Congressman. He was also a’State Senator, but has not held | public office for many years. The Mavor reappointed Rolla V. Watt Fire Commissioner, vice himself, resign- ed. Mr. Watt resigned at the request of | the Mayor in order to ve reappointed. He was a it from the State last year for | a short time without leave, and the May- | or adopted this method to make his ten- ure of office secure. The Mayor also reappointed A. B. Spreckels Park Commissioner, vice him- 1f, for the same reason. When Mr. Spreckeis went away last year for his | vacation the Mavor could not, under sec- cern | | ticn 3, article XVI of the charter, grant |tke leave he applied for because he had | been absent once before during his term. | He remained away six months, and the Mayor fezred that under section 10, article XVI, his office had become | vacant. Section 3 g the Mayor power to grant leave but once during the term of a Commiseloner’s office, and then not for more than sixty days. HAY SIGNS EXTRADITION TREATY WITH DENMARX WASHINGTCN, D. C., Jan. 6.—Secre- tary Hay and M. Constantin Brun, the Danish Minister.to the United States, to- day signed a treaty of extradition- be- tweea the United States and Denmark. | This particular treaty was drafted dur- | ing Becretary Gresham’s administration |of the State Department, but was not completed then, owing to the objection | of President Cleveland to any extradition treaty which did not permit a country | to deliver up its own citizens under ex- tradition proceedings. Denmark would not agree to surrender her citizens to the United States and the treaty was allowed to remain in until recently, ‘wh(«n. finding that the United States had | made several treatics without the ob- | jectiorable provi: lon, Denmark renewed the negotiations that ended to-day in the signing of the treaty. As it will 8o to the Senate for approval the convention is silent on the surrender of « country's own citizens. abeyance Endows a Medical Institute. CHICAGO, Jan. 6.—An endowment of $1,000,000 has been given by Mr. and Mrs. Harold Md brmick of Chicago to found a medical institution, which will be known as the Memorial Institute-for In- fectious Disea as a tribute . to the memory of their little son, John Rocke- feller McCormick, who died* of scarlet fever a year ago. At present provision has been made only for experimental ¥ work, covering a period of five years. [ 4 ; 'RECENTLY ELECTED CITY OFFICIALS DEMAND SEATS) Incoming Mayor and Supervisors Desire to Take Up Duties of Office, but Incumbents Refuse to Give Way. HEN the meeting of the Board of was called to order yes- terday morning by May- or Phelan Abe Ruef, acting as attorney for 3 Supervisors-elect . Bent, Alpers, Eggers,” Lynch, McClellan and Wynu, who were present, made a demand for the offices . to. which they were elected. “If there is no objection,” said Mayor Phelan, “the clerk will note that-all the Supervisors-elect have made demands for their seats. Acting on the advice of the City Attorney I rule, however, that they cannot take office until midnight of Janu- ary 7, and, therefore, the demand is re- fused.” “There is a difference of opinion on that point,” said Ruef, “and for that reason we make a formal demand that the in- coming. officlals be seated.” “By what authority has the Mayor act- ed upon the matter?”’ asked Reed. “The Mayor as president of this board cannot | act unless the board has authorized him to do so. Let us have the record. Who ked for the opinion?”’ Says Opinion Is Not Official. “I was informed by the City Attorney’s office that there was a doubt as to the date when the new officials took their seats,” replied Mayor Phelan. “The Ci Attorney intimated that he he would give an opinion on the question if he were asked for it, so as president of the board the Mayor did ask for the opinfon. I rule now that it is a com- munication to the president and it is now in the hands of your honorable body.” The opinion, which says that the in- cumbent officials hold office for two years from January 8, 1900, was read, and Reed raised the point that it was not offi- clal, as it was not sigened by’ the City Attorrey, but by his deputy, éearge Lane. Reed then offered the foliowing resolution declaring that the term of the present board expired at noon of {hat day: Resolved, That in the opinion of the Board of Supervisors it is for the best interests of the city and county that the term of office of all city and county officers should expire at 12 o'clock, noon, of the first Monday after the first day of the year in which they are inducted into office; that any other custom will lead to lack Supervisors- of uniformity and to contention in this impor- tant matter; that, therefore, this Board of S pervisors declares that its tenure of office ex- | pires Monday, January 6,"1902, at 12 m., and that the succeeding board is requested. to as- sume its functions at that time. Reed Champions Supervisors-Elect. Braunhart raised the point .that - the resolution could only be considered undef a suspension of the rules, or_else referred to the Judiciary Committee. ““Here is a protest: from elected = offi- cials,”* said Reed. “The action‘of . the president in refusing the demand is tak- ing it for granted that we have adopted a resolufion .that we do hold office until Wednesday and thus prevents me from offering an amendment. It has been the custom to surrender offices on the first Monday in January and I see no reason why we should hold for two days more. The City Attorney. in his opinion | has subordinated the charter to the State law, and therefore the latter should gov- ern.” 3 ¢ The Mayor ordered Reed’s resolution read so that a vote could be taken upon it. Brandenstein argued that - whether the opinion was official, semi-official or unofficial, its reasoning commended itself to the board. Reed's resolution” was lost by the following vote: Ayes—Booth, Boxton, McCarthy, Reed, San- derson, Wilson (6). Noes—Brandenstein, Braunhart, Comte, Con- nor, Curtls, D'Ancona, Dwyer, Fontana, Ho- taling, Jennings, Stafford (11). Absent—Tobin. Comte thereupon moved that Ruef’s de- mand that his clients be seated be rc- fused, which was carried. Mayor-Elect Makes Formal Demand. Previous to adjournment Attorney Ruef. made a formal demand on Mayor Phelan for his office on behalf cf -Mayor-eléct Schmitz; - Ruef ' sarved the following paper .on Mayor Phelan, stating that to preserve his legal rights Schmitz formally demanded the office to which he was elected: it now being ‘the, hour of 12 o'clock noon of the first Monday after the first day of January, 1902, the hour and day fixed by law for the as. sumption of office by the officials elected at the election held November 5, 1901, in' the oity and county_ of San Francisco, I do now, on.behait- _He appointed C. A. Murdock, a ' well ‘He. also ‘appointed his of Mr. Eugene E. Schmitz, present to you the commission regularly issued to him as’the duly’| Continued on Ptg' Two. — PRICE FIVE CENTS. 0 also recommissioned Rolla V. went to the City Hall vestorday with. were not complied then be surrendered to the elect. Sherift John Lackmann. to-day. i putting forward the claims of J. something, cven if it be nothing wice Commissioner. Roncozvieri for the School Board are on the slate. is enrolled -for another term as Park Commissioner. ED AND PHELAN NAMES COMMISSIONERS COMMISSIONERS NAMED BY OUTGOING MAYOR AYOR PHELAN went to work yesterday on his calen= dar’of unfinished business and appointed Frank J. Sullivan Park Commissioner to succced Walter Martin, resigned, and C. A. Murdock, Civil Service Commissioner, to #ll the vacancy caused by the death of J. Richard {Freud The outgoing Mayor Vatt Fire Commissioner, and A. B. Spreckels Park Commissioner. Officers of the new regime and made formal demands for the offices to which they were recently elected, but their demands They were invited to come again Wednesday, January 8, at roon, being assured that the offices would Ex-Assemblyman W. H. Cobb has beer appointed attorney for Auditor Harry Baehr, and George D. Squires has Ueen selected as the legal adviser of Other appointments may be announced Mayor-elect Schmits seems to have yielded to the pressure of the City Front Fedegation and consented to appoint H. W. Hutton Police Commissioner. At last accounts A. Ruef was vigorously A. Drinkhouse. Al Bouvier is on the: slate for Election Commissioner. | Thomas Boyie, old-time companion of Eugene E. Schmitz, will get more desirable than Civil Ser- Dr. Dillon for the Health Board and A. John Stanton ' * FRANK. J. SULLIVAN FARK. : +* | | £ | - = — MAYO'R PHELAN, JUST fiEFORE THE CLOSE OF HIS TERM OF OFFICE, EXERCI3ES THE AUTHORITY ~ -~ VESTED IN -HIM BY THE CHARTER AND FILLS-THE VACANCIES EXISTING IN A NUMBER OF THE | MOST IMPORTANT COMMISSIONS. el PHELAN DISTRIBUTES LAST FAVORS BEFORE HE RETIRES FROM MAYORALTY PORNES 308 R - 1 Old°Guard at City Hall Declines % Vacate Until cers of New Regime Will Be Installed—Attorneys Cobb and Squires - Receive Recognition, One From Auditor, the Other From Sheriff. HE ' ' municipal 'officers elected November.5 will be inducted into office to-morrow noon. Following the advice of coun- ; sel, they went to the City Hall yesterday and demanded pos- | session of thelir respective offices, but the demands were not acceded to for reasons set forth in the recent opinion of the City | Attorney.: This opinion holds that Mayor | Phelan’s ternr of office will not expire un- tiln% end of January 7, as he'took office on Jnuury §, 1900, to serve for two years. | Mayor Phelan was not idle yesterday. known anti-boss Republican of the Forty- first District, to succeed as Civil Service Commissioner the late J. Richard Freud. | brother-in-law, Frank J. Sullivan, Park Commissioner to fill the vacancy caused by the resignation | of Colonel Walter Martin. ' The Mayor re- appointéd A. B. Spreckels to the Park’ Commission and Rolla V. Watt to the Fire Commission. These appointments were made to remove technicalitles. Mayor-elect Schmitz’s slate.is made up, subject to one change, which may involve readjustment in . several .. places. . The Board of Public Works Commissioner - is not finally: settled. 8. Simmons was slated at first, but pressure from friends and supporters of ‘another aspirant caused Schmitz to reconsider. H. W. Hutton fs | is offered a place on the Park Board on the list for * Police’ Commissioner to succeed Judge Wallace. A. Roncovieri's ‘name to succeed. Mrs. Kincaird on the Board of Education is not disfurbed. A place on the Fire Commission has been tendered to Simmons to compensate the latter for the loss of the coveted place on the Board of Works, but the carpenter of the Tivoli ‘fights shy of acceptance. Should he positively " decline Thomas Boyle may be named for the Fire Board. In the event. of Simmons’ acceptance Boyle will be assigned to the Civil Ser- vice Commission asthe successor aof Quinn. Al Bouvier .is on the siate for Election Commissiorer. A. Gruenbers, who was obliged to give way for Hutio to succeed John Stanton, but declinés the of- fer on the ground that he Is not an All signs point to Stanton’s retention the commission. Dr. Dillon will rec a’ commission to serve on the Board Health. ting up a strong battle of 1t i§ gossip that A. Ruef is put- | to place J. | Prinkhouse on the slate for Police Com- | missioner, but has faiied, up to the pres- ent ‘writing, “to coavince - Schmitz that Hutton’s name should be erased. A hot fight for the position” of attoruey for . Auditor-elect Harry. Baehr was soi- tled yesterday afternoon in: favor of W. H. Cobb, the ‘‘organization” ' candidate. The office is recognized in the charter and the compensation is therein fixed at $1500 per annum. . : p Tauszky Makes Strong Fight. | Rueben H. Lioyd at present holds the works, ‘but no doubt will be happy to surrender the place to a young and gen- ial lawyer like Mr. Cobb. Edmund Tausz- ky put up a strong fight for this office. To-Morrow, When Offi- Lucius Solomon had aspirations for the billet, but Mr. Cobb had the longest pole or the strongest pull. Thomas D. Rior- dan, chairman of the late Republican convention, was so deeply engrossed In lamenting. his misfortune in failing to re- ceive the appointment of attorney for the Public Adminisirator that he never thought of the Auditor attorneyship until It was too late to get his forces into line. Frank McGowan walked away with the Jaw business of the Public Administrator early in the scramble. Now comes Ceorge D. Squires with the Sheriff's at- | terneyship hanging at his belt. McGow- lan and Squires were original Crand Hotelers and stayed with the party through all its tribula- tion and trouble. The original mis- sion of the party is now accomplished. The reforms desired have been attained. Lackmann, Farnham, McGowan and | Squires are comfortably fixed as office- holders. It is a source of satisfaction to reflect that they are capable men and respected citizens. While the Grand Ho- telers are waving the banners of patron- i age won the Primary Leaguers are reap- | ing fruits of conquest. George B. Keane | has been appointed secretary of the new | Mayor. Mr. Keane has derived knowl. | edge of politics and law In the offices of A. Ruef. Clerk of Board of Supervisors. At this afternoon’s meeting of the Board of ‘Supervisors a successor will be ap. _— mm e r _ ~Continued on Page Five