The San Francisco Call. Newspaper, January 24, 1902, Page 4

4 THE SAN FRANCISCO CALL, FRIDAY, JANUARY 24, 1902. JUDGE HEBBARD OVERRULES MAYOR’S DEMURRER, HOLDING THAT MAHONY CANNOT BE SUSPENDED S, COUNTY CLERK SCORES VICTORY IN THE FIRST HEARING IN THE COURTS Judge Declares No Officer Should Enter * Into Such Contracts as That Alleged Against [lahony. UPERIOR JUDGE HEBBARD gave a decision yesterday in fa- vor of County Clerk Mahony as against Mayor Schmitz, overrul- ing defendant’s demurrer to Ma- | bony’s complaint and petition for | a writ of prohibition restraining the Mayor from suspending the County Clerk. While main question—whether or mot the temporary restraining order shall be made absoulte—was not passed upon, the court's opinion embodied-a decision of the | reaily vital question—that of the Mayor's power or lack of power to suspend the r what he may deem suf- | fon was ad- | | state facts sufficient to warrant or justify the County Clerk 1 ficlent cause—and the dec verse to the Mayor's authority. The hearing was had on points rai filed by Abe Ruef, and_its overrulin p complaint or to proceed along her lines. Judge Hebbard’'s decision leaves no doubt whatever that when the | proceedings ve reached the proper | stage he will grs vy an ak te writ of prohibition. T The Judge Hebbard's decision. if it be be to in Court’s Frequent Admonitions. lasted until that tim ument on t the demurrer. Judge Hebbard repeatedly admonished the Mayor's counsel to co fine himself s s on his feet ma the moved had been guilty of malfeasance or | other offense in office, instead of offenses | prior to assuming office, as was alleged | in Mahony's case. | When Buef c Judge Hebbard dom, attorney for Mahony: ou need not reply. di Following is the court’s dec on in full: Legislagure, the acts amendatory few yea 1y years, the distinc- ¢ and ty officers and along_the case o Su rs was ynder article 81 came al the argument I went into the mat- 1 rrote an opinion e Court of this the charter had noth- Clerk a County Officer. ¥ officers ment. you for tw Honor to_ a fon. you me to ar passing upon The court— the only author n support of your ty attempting to A county office aws of the State of the nd then the statute steps in, be- preme Court, in effect, has said is no such thing as a secession of sco from the ¢ California; charter, is trying county officers. and he them than I have—not £0 c I say does mot refer to | where there is a case before me in court. But | this is & case to pry ayor from do- | ing this thing, and Court has | made it very casy ear for me in these three cases a ally in the case of Crow- ley against F I must hold that the | Mayor has no more to do with the county offi- L o e ] CENTRAL AND NORTHERN CALIFORNIA HAVE RAIN Forecaster McAdie Predicts Showery and Unsettled Weather Through- out the State for To-Day. An unusual amount of rain fell through- out Central and Northern California yes. terday. The weather in the south wi for to-day. The wet weather was o the agricultural districts, crops have been suffering to a able degree on account of _the lack of moisture. More rain is needed all over the State, however, High winds were reported off shore and at times the southeaster attained a ve- v_of forty miles an hour. In San 0 .34 of an inch of rain was reg- s nd a greater depth was reported from some of the northern towns. Snow fell in the Sierra and in Northern Ari- zona. Forecaster McAdie states that the weather for to-day will probably be show- and general unsettled. does not overtax the in- fant’s stomach with in- soluble, indigestible or unsuitable material. SEND A POSTAL FOR A FREE SAMPLE OF MELLIN’S FOOD. Foed Ca., Bostor, has E Hlmen. -.-unnshnhumbogo_fm;mm Laxative Bromo-Quinine Tavlets s remedy Lhat cures & celd in ome day. | ) ’ s petition xur‘ the higher court, will | those portions of the | charter which seek to give the Mayor the »end officers held by the ¥ rather than municipal ) ng e points set forth in rietly to the question at is- | sue—whether the Mayor holds the power s County Clerk. The court | ten to argument covering by counsel in the Crow- or to the citation of | he officer suspended or re. | | the M | courts p 1 am ready to give | my decision now and in a very few rs ago when the char- | ore the charter was | in which Freud argued | decided nothing, | nothing and that hing, including | 1 these so-called | ty officers under article | the Supreme Court said | heard your | incidentally, that | You have not cited | { or imbecilit by the charter, except sc ¢ of section 11 has delegated kers the power to fix their | umber of their employes a they shall have. But there terests in this | cers of this city and county, so called, than Mr. Ruef has. The demurrer is overruled. Do you want to answer? Ruef Will File an Answer. Ruef replied that he did desire to file an answer and also to take an exception. | The court answered that he had ten days in which to answer and to prepare a biil of exceptigns. The demurrer on which argument was based stated the following grounds of ob- jection to Mahony's complaint and to the temporary restraining order: That said afidavit of complaint does not state facts sufficient to constitute a cause for action or proceeding herein. That said affidavit or complaint does not ssuance of a writ of prohibition herein. That said affidavit of complaint does not state facts sufficlent to constitute a cause of action or to warrant the issuance of a writ of prohibition herein, in this that it does not ap- | pear therefrom that any objection jvas ever made to defendant that defendant had no juris- diction herein, and it does not appear therefrom that the alleged lack of jurisdiction on the part of defendant was ever called to defendant’s at- tention. Ruef advanced the following points in argument: First—That the act attempted by the Mayor was an administrative, not a judicial act. Second—A writ of prohibition runs only against judicial functions. Third—The court cannot interfere with the exercise of the Mayor's discretion when the | power of removal is expressly conferred. The hearing began at 10 o'clock and During most_of Fourth—The Mayor is given power to sus- pend for cause and “cause” is any disqualifi- cation for office Court Objects to Moot Case. The Mayor's counsel argued that the writ of prohibition was somewhat mixed, as it did not appear whether the court meant to prohibit, enjoin or restrain. Ruef argued that if the court had juris- diction at all it was to stop_the investi- on. not to prevent the Mavor from deciding upon the facts developed by the investigation. He held that the writ of prohibition was founded upon the as- sumption that the Mayor intended to re- move Mahony, when, as a matter of fact, yor's chief desire was to have the upon the question at issue. Judge Hebbard objected to what he termed a_moot proceeding, and Ruef said he was Wwilling to concede that the Mayor intended to remove Mahony; in other words, he was willing to accept the alle- | gations of Mahony’s petition. Hawes framed | at was the or- | r the authority of | The Mayor's counsel cited numerous cases of removal of officers for malfeas- ance in office, the court repeatedly cut- ting him short on the ground that no mal- feasance was alleged in this case. “You will grant, will you not,” | asked Ruef, “that if Mahony wera upreme Court said existed be- | of San Francisco | t case they decided | guilty of larceny he could be suspend- ec by the Mayor?” “I will grant you this,” replied the court, “that for malfeasance, mis- | feasance or nonfeasance in office, an | officer ought to be removed. I believe that every officer oqught to do his | duty and should not enter into such contracts as are alleged here. But the only question is, has the Mayor the power to suspend the County Clerk, a | county officer?” Parallel €ase in Canada. Ruef cited a Missouri case in which & county officer was removed for ante-elec- tion pledges, and a Canada Supreme Court se, in which a written promise was given and the officer, a County Clerk. removed. Ruef said the case in 20 nada Supreme Court Reports, page 376, a remarkable parallel to the Ma- case. There was a written promise which was afterward burned, and there was the same reluctance of witnesses to testify. have not seen any other case but " said Ruef, “in which the same in- ss, the same imbecility as seen in the Maliony case is in evidence.” Ruef said in closing his argument that the whole question was whether the May- or had authority to suspend_the County Clerk for any se. If the Mayor could suspend the County Clerk for dementia, . or apoplexy, or for larceny, or embezzlement of funds, he could also suspend him for such offenses as had becn alleged. After Judge Hebbard had given his de- on, Ruef said in an interview that he right possibly seck a writ of review and by that means take the case at once to the Suvreme Court and get an early de- cision. A rumor came to Judge Hebbard’s ears during the afternoon that the Mayor's private secretary, George B. Keane, had saiG that the Judge was laboring under a “holdover from the Press Club ‘and a wedding of the night before.” He imme- diately went to the Mayor’'s office and de- reanded explanaticns from Keane, and later he called the newspaper men into chambers to brand the statement, om whatever source it emanated, as a malicious lie.” e e e e B e ADMIRATION OF BLYTHE FOR ALICE EDITH’S F007 Alleged Widow Testifies That Mil- lionaire Remarked Smallness of Her Pedal Extremities. The cross-examination of Alice Edith q' Dickason, who claims to be the widow of oudy and rain is predicted for that | the late Millionaire Blythe, was resumed in Judge Hunt's court yesterday. Her testimony is practically a repetition of the story she told of her relations with Biythe when she was on the witness stand during the progress of the famous Blythe suit. She told yvesterday how Blythe, armea with a revolver, chased a_man named Abraham Henderson through the streets. Blythe found Henderson hfiiden behind a door in the Blythe cottage at 433 Hayes street. Alice Edith said that Henderson had visited her four or five times previous to the time Blythe drove him from the hcuse and that he “haunted” her home after that time. The witness could not remember the | .name she was known by during the first vears of her acquaintance with the mil- lionaire, but in response to a question propounded by Judge Hunt said that when she was living at 28 Dupont street she was known as Mrs. Vellette, the name borne by her grandmother. Alice Edith also sald that after she had flirted with Blythe for a long time she went to his office to inquire about a cottage he owned. On this occasion, said the witness, Blythe said to her: “You have a very pretty foot.” He gave her a card on which he had scribbled his ad- dress and asked her to call upon him the next day at noon, when he would tell her about the cottage. ——e——— Smugglers in Court. Morido . Suzuki, convicted of having smuggled silks and Japanese playing cards in a false-bottomed coffee pot, was =entenced yesterday morning to serve sixty days’ imprisonment in the San Fran- cisco County Jail. James Sheridan, coal passer on the transport Grant, was ar- rested by Customs Inspector Lorenzen for smuggling a_ woman’'s silk kimono. He wore the padded and embroidered garment next his skin with his undershirt and outer shirt over it. ———— Book Agent Injured. James Walker, a book agent, fell into a basement at Sixth and Minna streets Jast evening. He waé taken to the Receiving Hospital, where it was found that he had sustained a fractured skull. Small hopes are given for his recovery. ABE RUEF,AS a LAST RESORT ,CITER THE CHARTER , 5 ATTORNEY RUEF CLAIMS THAT JUDGE COOK HAS NO POWER TO REVIEW ACTS OF MAYOR IN SUSPENDING OFFICIALS Contempt Case Against Fredrick Heard in Afternoon and Night Sessions, but 2 | Tom RiorDAN | wASAMONG | THOSE PRESENT. | | | | | | i Jnéx:-ga HEBBARD USES RS oS THIS ET.FINCH TORGETS THE GILDED NICKEL * & MEN WHO WERE PROMINENT | PAILIFF IN SCHMITZ-MAHONY CASE HILLMAN IN HEBBARD'S COURT. KEPT A ST % ORDER HoISILY: WOODWARD TO MAKE A RIGID INVESTIGATION P A ____; |Director Says Fremont CHIEF SAYS McCARTHY IS TOO OFFICIOUS The Fire Commissioners Have a Heated Session. HIEF of the Fire Department D. T. Sullivan created a sensation at the weekly meeting of the Board of Fire Commissioners vesterday. In an address to the board the Chief made an asser- tion that not only surprised the members, but threw Secretary MecCarthy into con- sternation. “For the past two years,” Chief Sul- livan said, “I have been sitting here like | a bump on a log, with nothing to say #r | no power over the execution of the busi- ness of the department. Your secretary, J. W. McCarthy, has usurped all the du- ties of myself and assistant.” Commissioners Watt, Hecht and Grady tried to mollify the heated fire-fighter by saying that he was underrating his own authority, which was fully recognized by the commission. Chief Sullivan would not be deterred and he was ready and willing to follow up his statement with facts that would prove him right. During the warm discussion Secretary McCarthy stood at his desk and remained silent. During the discussion Commissioner Parry, lately appointed by Mayor Schmitz, adroitly backed up the Chief. “Will you please explain this statement, Chief?” asked Parry. Sullivan Waxes Wroth. “There is only one man in the Fire De- partment, and his name is McCarthy,"” re- plied the Chief. *‘I am ready to prove that he has interfered with the duties of the Chief, battalion chiefs, captains and everybody else.” “But haven't you given vour approval to promotions and transfers?’ asked Chair- man Watt. 2 “I have, but that does not alter the fact that the secretary is ruining the discipline of the department by taking too much upon himself. His officiousness is actually disrupting the department.’” 4 Commissioner Parry interrupted at this moment to ask whether the board has in- vested Secretary McCarthy with so many duties, but receiving no reply he con- tinued: g ““Then if that is the case T am of the opinion that it is the secretary’s place to remain here in his office. Hg has no right or authority to be out giving orders. If the secretary is managing the affairs of the Fire Department I will resign and save the city my salary.” “Why not make formal charges against Mr. McCarthy?” said Grady. “It is easy to whisper a man to death.” . “1 find from my investigations that the discipline in the department is very bad. 1 attribute it to the actions of the sec- retary and T want him to desist from usurping authority,” sald Parry. _ Says McCarthy Usurps Authority. Chief Sullivan interrupted at this junct- ure. He said that Secretary McCarthy thought he was the commission because he had three commissioners with whom he could do whatever he pleased. Chairman Watt took exception to this statement. He said the board was making | an effort to run the department as they would their own business. Commissioner Parry asked the chairman whether he would permit a secretary to boss his busi- n but was vouchsafed no answer. . “Are you not aware that the battalion chiefs report that the discipline in the 5 department has fallen to a very low standard?” asked Parry. Chief Sullivan said it would have been Tiseless for him to report the matter, and added: “Mr. McCarthy said the board—or at least three members—would uphold m. Commiesioner Hecht admitted not hav- ing heard the report, but Chairman Watt stated that Chief Sullivan had told him of this fact. The members of the board were worked up to a high pitch at this stage of the meeting. Commissioner Watt sald to the Chief: ~“You know my colleagues and would not uphcld the secretary if we knew he was guilty of misconduct.” It was then that Chief Sullivan made his sensational statement: “It would be simply a slap_in the face to bring such charges here. 1 have been sitting here like a bump on a 10g for two years without authority. The secretary does all the business, and I am only an officfal when 1T go to fires. [ wouldn't take orders from any man at a fire.” Wife Names Substitutes. It developed during the discussion that Secretary McCarthy has had the privilege of naming night substitutes, and that when he was not at home his wife or son took it upon themselves to do so. Upon motion of Commissioner Parry the Chief of the department was Instructed to do this in future. Mayor Schmitz entered the meeting- room and was an interested listener to the proceedings. Commissioner Parry reported having learned that a painter employed in the corporation yard was systematically steal- ing, and the matter was referred to the Chief. The Civil Service Commission submitted & list of employes in the department who were not classified, and asked that the board take action in the matter. The matter was referred back, as the board did not quite understand the purport of the communication, Salaries of Substitutes. The question of splaries of substitutes provoked a long discussion. Parry argued that a substitute, who takes the place of a regular fireman, is entitled to the regu- lar’s salary. He declared that if the city paid a substitute $2 65 a_day for substi- tute work when the regulars receive $3 it was practically robbing the substitute of 35 cents. Commissioner Hecht thought the board should not meddle with the question, as it might result in a violation of the charter. He showed that as the firemen were paid $80 for the first year, $% for the second year and $100 for the third year it would be unfair and illegal to give 3 a day to a man who is not con- nected with the department to take the place of a regular, who gets less than that sum. At the suggestion of the Mayor the matter was referred to City and Coun- ty Attorney Lane for an opinion. m— e THOMAS HOGAN LIVES AND IS CAUGHT BY POLICE Thomas Hogan and Charles Connolly, tough characters, were arrested last night by Police Officer Chase while at- tempting to dispose of a quantity of stolen brass to a Mission-street junk dealer. The two men were taken to the Hall of Jus- tice and locked up in the tanks. Hogan is the man who shot at Police Of- ficer Callahan during the labor strikes last year. He escaped capture at the time and a few days later was overhauled on the water front by Detective O’Dea. The detective pursued Hogan, who, to escape arrest, jumped into the bay and it was thought he was drowned. The capture of Hogan last night will re- sult in a charge of assault to murder be- Ing‘:‘ll:cued against him for his firing at Cal —————— The New Champagne Record. The import in 1901 of 120,359 cases of G. H. MUMM'S EXTRA DRY has never been equaled, exceeding onesthird of the total importation, nearly 60,000 cases more than any other brand. The Extra Dry now imported is similar_to the 889 vintage, being more delicate, breedy, and better than the 1893. Immense reserves guarantee the indefinite continuance of this quality. . School Addition Is NE of the first official acts of the newly appointed School Director, Tho: P. Woodward, will be an investigation into an expen- sive.addition which the Board of Public Works is ‘building to the Fremont School on McAllister street. Director Woodward stated yester- day that his attention had been directed to the fact that poor work is being aoue on the structure, and he asserted his in- tention to make a personal inspection of the building to-day. ‘Woodward has been informed that the Board of Public Works adopted the most eygensive plans to build an additional stdry of four rooms to the building by ex- cavating some six feet under the old structure. It was necessary to penetrate through the solid rock, and though the park wagons were utilized to cart away | the soil the expense of excavation alone considerable. Woodward ascertained that last July bids were ordered for the alterations to the building. But one bid was submitted— that of R. Sinnott for $12,755. The bid was rejected and the Board of Works under- took to do the .work by day labor. It is now believed that the cost will far exceed | the sum for which Sinnott agreed to do | the work. Woodward, who has had six vears' experience in school affairs, ex- presses the opinion that doing city work | by day labor is not the least expensive. He says that the proper procedure for the Board of Works would have been to in- vite new bids and he feels sure that the | work could have been done for less than it will cost the board. Mayor Schmitz's attention has been called to the matter | and Directors Denman and Mark may come in for censure for being parties to a plan whereby the additional rooms in the Fremont School will be located in what is' practically the basement of the building. Innovation in School Board. of Education which will be welcomed by tional body. Woodward will recommend to his associates that one of the Directors remain on duty each day in the week. with dispatch. Director Roncovieri is in favor of the new plan and Woodward thinks that Directors Denman and Mark will agree to it. ' N Complaints have been filed with Wood- ward by teachers and others that it has been almost impossible to see any of the two vears.. The teacher in question de- clares that she waited three hours on ons of the “receiving days” of the board and then was informed that Mrs. Kineaid would not see any more People. The teacher was obliged to wait until the next ‘receiving day,” which was a week distant. Under the old regime the board's office hours for the reception of visitors were from 3:30 until 5 p. m. on Thurs- days. Afterward ndays at the same hours and Saturdagys from 10 to 12 m. were added to the visiting list. Woed- ward believes that this should all be changed so ‘that people having business with the board may be treated with due courtesy. He says that the vlsltlnf of schools can be so arranged that at least one Director will be in his office during the hours provided by the charter. What Caused Grand Jury Questions. Director Denman charges that the per- tinent questions regarding the conditions of the schools which were put by Grand Jurors Cahen and Lichtenstein to Direc- tors Denman and Mark at Wednesday's meeting were prepared at Superintendent Webster's instigation.. Webster denles End Is N UDGE CARROLL COOK'S court-| writ was not a valid ~one, room was the center of attraction | Riordan, “and for that reason it would yesterday in the matter of the sus- [ N0t be obeyed. pension of Justices' Clerk E. W. tion formerly held by Williams. the day at the office of the clerk to the Justices of the Peace. hand and discharged the duties of the| chief clerk, while Wiillams looked in for a few minutes, but made no attempt to regain possession of the office, There was a big gathering of politicians in Judge @ook's court when the contempt proceedings against. Powel Fredrick was | not' be issued against the Mayor called up in the afternoon. In rendering his decision on the motion | proceedings | Judge Cook denied the motion and heid | that the attention of the court had been claimed that the writ Mayor Schmitz and Powel Fredrick had D e conteheint of At Ruef that | the Mayor.” The contention o orney Ruef that | yor. Fredrick was not calied upon to obey the | Ruef argued that the court had no writ because the complaint on which the | in the writ issued to suspend a writ had been issued was not properly | filed in the County Clerk’s office was not | from doing his duty. = Judge Cook held | _‘““All that the writ can do,” continued Ruef, “is to bring the record of suspen- sion before the court for review. The wri ordered certain parties to suspend further proceedings in the matter to be reviewed. Frederick has not proceeded further | the matter to be reviewed, but has sim- | ply remained In office and discharged his | duties. That portion of the writ suspend- issued against upheld by the Judge. that the complaint was in the possession | of Deputy ‘County Clerk Casey when the | court ordered the writ to issue and that | the deputy received Instructions to file | the document in the County Clerk's office | and had done so. Motion to Dismiss Is Denied. Even if it had been a verbal would have been valid. The writ was fs- 1 under proper jurisdiction and the | could not lssue. motion to dismiss these proceedings ! Thomas D. Riordan appeared as attor- pey for Williams, while Abe Ruef repre-<| sented Powel Fredrick and the Mayor. | ‘There were a number of little clashes be- iween the lawyers, but Judge Cook in- | wrangling and get down to business. Powel Fredrick was placed on the wit- Riordan and the witness told how he had been appointed as chief clerk to the Justices' Court ness-stand by by Mayor office on Tuesday last at 5 p. witness then detailed that on Wednesday | opinion that in morning he was served with the writ of | the books should be experted to show review issued by Judge Cook's order and | nad been advised by the Mayor's secre- | tary not to pay any attention to it. the witness as to what right he had to remove deputies in the Justices’ | Courts and place others there, but the | liams to take forcible possession of the office from which he was suspended - Willlams, who was suspended by | the chief executive. The Justices of the testified_that he had been | Peace continued to recognize the author. Courts for | ity of Willilams as clerk. and syggested to him that he open up another office in served with the Mayor’s notice of sus-|the City Hall. Williams declined to do pension Tuesday evening. Williams fur- | ther testified that on Wednesday morn- | rass litigants. He preferred to await ing last the Mayor and Fredrick had been served with copies of the writ is- | proceedings against Fredrick. | © While Williams remains passive Fred- | rick is performing the duties of his new position, and all was peace and harmony Williams admitted that when he was | during the day. Fredrick was turbed at the decision of the Justices of day last he had informed the Mayor that | the Peace not to recognize his authorit he would not recognize his authority in |and he continued to sign all papers. V. littlo business was done, however, and ail papers are presented to Presiding Justice | Daniels, who indorses them “Filed In open ent in the office of the Justices' clerk | court.” The instruments are then trans- cn Wednesday when the Mayor's secre- | tary came and informed the police that | recefve them unless th it was'the Mayor's orders that Williams his deputies be thrown out of the office, upon which they were ejected. Thomas D. Riordan took the stand and | in the filing of proces: testifled that he had informed the police and the Mayor's would be guilty if the Mayor's orders were carried out, ustained an objection from Ruef. chief clerk of the Justices’ eleven years and told how he had been | sued by Judge Riordan Advised Mayor. suspended by Mayor Schmitz on Tues- the matter. Attorney Charles E. Snook, brother-in- law of Willilams, testified to being pres- of contempt the Mayor and Fredrick previous to the order to eject Willlams and his depu- ‘The Mayor's secretary average pupil. Webster charges that the comings as vointed out in his ent of printing his annual report, but t! ot Reached. the writ of review to be issued.” against Powell Fredrick. Holds Writ Is Invalid. proceedings of suspension of Willial “The evidence shows that the document | ing Fredrick from his duties is not with- was on file in the County Clerk’s office | in the jurisdiction of this court.” when the writ was iIssued,” said Judge | Cook, “‘and the clerk was acting under | the instructions of the court in 1ssu1n1\ isterial and executive, and argued that | under these decisions the act of Mayor order it was an order of the court Md‘ Schmitz in suspending Williams was pure- ly executive and that a writ of review Decision of Contempt Case. surpend | yesterday to expert the books of i the | Director Mark indignantly denies that tog the favoritism shown in re- | he is making an pairing school buildings, and to the cum- | assigned to a v bersome nature of the course of study, Director Woodward intends to propose | an innovation in the affairs of the Board | those who have business with the educa- | One day will be selected when all of the | Directors will be in their respective offices | and public business will be transacted | members of the old board during the past | 1 the charge, but says that the questions may have been based on his annual re- xrrt. which is a public document and wa led with the board last -July., Webster Balbriggan Underwear. Here is the description: It comes in ecru grounds with black, light blue and drab mer- cerized stripes, and also light blue, flesh, drab and mode color grounds with combination stripes in several different colors; the garments are nicely trimmed and _splendid fitting—regular prices $3 and $4. Here is our reason for selling them at the reduced price: The assortment does not represent every size in the different patterns, but what size is short in one pattern may be found in another—all sizes are in the lot as a whole; being broken in some sizes we are going to close out the entire lot for $2 s This is without doubt the best value in men’s underwear that has been of- fered in San Francisco for a good long time. . Qut-of-town crders filled — write us. continued Ruef then read an affidavit sworn % by Powel Fredrick and submitted his by Mayor Schmitz and argument on the cass the appointment by the city’s chief | executive of Powel Fredrick to the posi- [ lawful order of the court and quently there could L:Je}{m lcu};fllcm!p{. 4 s v Riordan interrupte uef by claiming Peace and quietness prevailed durlng |, :%%,c"only question to be decided was whether there had been a contempt Fredrick was on | court or not. . He claimed that there had been no disobedience of any “I think the counsel has the right™ Judge Cook said, “to discuss whether the court exceeded its jurisdiction in ordering Ruef made an able argument to show that even if the Mayor had no right to suspend Williams the writ of review could ““The court is not called upon to review | tng acts of Fredrick.” said uet, “in eak- - vi hich it was | Ing possession of the office to whicl 5 Pt R ks L | was appointed by the Mayor. All that the | court can do is to review the record of the officer, and could not restrain such officer Attorney Ruef cited decisions to define what acts are judicial and what are min- At this stage of the proceedings Judge | Carroll Cook took a recess until 2 o’clock The contempt hearing was then contin- | this afternoon. | ued until 7:30 p. m. and there was a good | | attendance of City Hall officials and poli- ticians at night to listen to the proceed- | BOOKS TO BE EXPERTED. Complications Arise Pending Court’s Cyril Williams, expert of the Board of Supervisors, was instructed by the Mayor ‘Williams, the deposed Justices’ clerk. Ex- pert Willlams began his work yesterday morning and had waded through many pages of records without discovering any Schmitz and had taken possession of the | discrepancies. It is not believed that any m. The | shortage exists, but the Mayor is of the justice to the new clerk that the accounts are in proper shape. Powel Fredrick did not meet with any | opposition when he entered his office in the Attorney Riordan tried to get answers | morning. Two stalwart policemen had !been on guard all night to forestall any possible attempt on the part of Ed Wi this, because he did not desire to emb: decision of Judge Cook in the contempt mitted to Sheriff Lackmann, who will not are so indorsed. Another complication has _arisen over the fact that County Clerk Mahony will not recognize the Justices of the Peace s for injunctiom: The State law says plainly that such in- that = they | struments shall be issued by the clerk of of court | the Justices' Court, and_on that ground Mahony claims that the Presiding Justice the writ of review having been served on | has no power to sign them. Ail con- cerned seem to be waiting the deeision { Which will designate whether Fredrick or | Williams is the legally constituted clerk sald that the | of the Justices' Court. L o e e e 0 0 2 o o o o o says that much of his report was devoted board. to_the lack of accommodations ttempt to have himself e principalship in the event that his resignation is demanded by which he deems too ponderous for the | Mayor Schmitz because of certain charges of bias and prejudice in the cases of ac- board, being chagrined at its own short- | cused teachers. Mark says that he will report, | stand on his record and that he has al- burned the document. Former boards had | ways attended strictly to business. accorded the courtesy to the Superintend- | are at present ome or two vacant vice is | principalships in the department, each of by Phelan's | which pays 3125 per month.