The San Francisco Call. Newspaper, January 26, 1902, Page 27

+ - - + + - L] - Call. [ Eaaaasasas s o eSS Pages 27 10 36 O+t 4444400044040 4 00044 - b + § ® SAN FRANCISCO SUNDAY, JANUARY 26, 1902. J. A. FILLMORE 1S APPOINTED AS GENERAL MANAGER OF THE NORTH PACIFIC COAST RAILWAY Well-Known Official Will Assume Duties of His Office Monday and Actively Supervise the Improvements to Be Made. A. FILLMORE, for many years ager of the South- from which position o six months appointed general h Pacific Coast t to go into effect t The sele Eibl Pre: t cific Coast though Fill pointment man broug! MEETS DETH 1T FATAL CURVE Signal Repairer’s SkullIs Crushed in Peculiar Manner. 3 of 2244 Twenty-third street, a sy ice of the Southe: Company, was the accident yesterday out to Ocean View pede repairing signal ing stopped at a Ocean View to make which he was to the engineer of a nd train No. 15 knocking it and curve & mile some repalr working 1s r ng his head. The wo! was taken to the Third and Townsend streets depot, thence in an ulance 1o the Central Emer- gency Ho He died on the way. ‘No Time to Be Lost. The A. Brick bankrupt clothing stock going fest. Do not delay, but come get your all-wool men’s_sufts, worth a8, for only $4.65, at the bankrupt slothing sale of the Boston, 773 Market street, near Fourth. . = factory and President Martin made the appointment without loss of time. “I regard the appointment as one which be satisfactory to_the traveling pub- esident Martin yesterday. Manager Fillmore is one of the best rail- men In the United States, and we are glad to secure his services. His ability will be of great service to the company now that it has been decided to make many improvements.” Fillmore's selection for the important post will be gratifying to his many friends as well as to those who "witressed his re- tirement from the Southern Pacific with regret. He had been connected with that company for thirty years, and he res' gned with the direct understanding that he wouild recefve $500 a month during his re- tirement. The company failed to keep this agreement, for reasons best known to the management. When the offer to man- affairs of the North'Pacific Coast made to Fillmore he promptly accepted it. Fillmore will assume his du- WALLA WALLK WRECK A PUZZLE Coroner’s Jury Unable to Fix the Blame for the Disaster. . The testimony. taken yesterday before the Coroner’s jury in the matter of the death of James A. Gallagher, one of the shipwrecked passengers on' the steamship Walla Walla, sunk in a collision by the French bark Max on January 2, was mot sufficiently clear to throw any light upon the cause of the collision, for the jury re- | turned a verdict as follows: “We, the jury, with the evidence betore us are unable to determine the responsi- bility for the-disaster.” The witnesses examined were Captain Benoist of the Max, Captain Hall of the Walla Walla, Captain Swan, a passenger; J. W. Ettershank, quartermaster of the Walla Walla; J. Selis and Frank Haugh- wort, ofler of the Walla Walla. No' facts were elicited in addition to those already brought out in the exam- ination before the United States inspect- ors of steam vessels. —_— SALEM, Or., Jan. 25.—Governor Geer to-da; refused to intérfere in the cases of Wade Dalton, who are to be hanged in mext Friday for the James B. Tow. ang. murder of 28 e e e T e e g S T S SRR ® Portland | and Mrs. Mor- | ory, e NEW GENERAL MANAGER OF THE NORTH PACIFIC COAST RAILWAY. s 1 tles to-morrow at the company’s offices at, 14 Sansome street, but-as soon as the Haywards building is ready for occupancy the offices will be removed to that com- modious structure. Since the North Pacific Coast line was purchased by a syndicate, composed of Messrs. R. R. Colgate, R. M. Hotaling, William M. Pierson, C. A. Grow, 1. J. a¢ Sabla Jr. and John Martin, the prelimin- ary work of improving the line has been progressing steadily. The road will be modernized in every respect by making it standard gauge from Sausalito to San An- selmo, with doublg track. The motive power will be electricity. Arrangements for cutting the ties have already been made and they are being furnished. The rails have also been ordered, those de- signed for use in the mountains being sixty-five pounds in weight, while those that are to be laid in the valieys will have a weight of seventy pounds. The mate- rials for the improvements are now on the way to the ground, so that within a few months the residents along the route wiil fi'llness a complete transformation of the ne. General Manager Fillmore will devote the greater part of his officlal time to the prosecution of these improvements. That they will result in improving the trans- portation facilities for the residents of Mill Valley and other points along the route goes without saying. FRISKY FELINES N FAIRYLAND Cat Show Will Be One of the Features of the Carnival, . San Francisco Temple of the Rathbone Sisters has securedspace for a booth in the Juvenile Fairyland Carnival, which will open next month in the Mechanies’ Pavilion. It will be in cha; |- lowing committee: e Mrs. Emma A. Scholfield (chat Emma Terry, Mrs. Emma w.ler,rm’:)’xfl: Shuttleworth, Mrs. Ella Dwight, Miss Maude Whigham, Mrs. Grace Bray, Mrs. Ida Mer. creay, Mrs. Maida Onley and Mrs. Drusa Rob- ertsbn. The newly organized Paci: has decided to hold its amnual ot s%l:; during the carnival. The management has decided to erect benches and provide all accessories for the proper care of the cats. A special prize of a loving cup or engraved pedestal will be awarded by vote to the most popular cat. Those whe have so far made entries are the followo. ing named: Mrs. Martling, fourteen entries fing Mrs. Brod, six’ entries: Mre Motrow. oot haired cats; Mrs. A. McCabe, M | Counsel | clerk to the Justices of the Peace in place | « simply gives the court the power to re- Dr. Eichwadt of Alameda Santa Rosa; Mrs. C. Gwynn mate, Mrs, S. F. Van Tress, San Franclsco; GOURT FINDY’ FREDRICK [3 NOT GUILTY Judge Cook Renders His Decision in the Con- tempt Case. Intimates That the Mayor, if Any One, Violated the Re- straining Order. Agree to Argue Writ of Certiorari Next Friday and in the Meantime They Will Remain Passive. i - Judge Carroll Cook decided yesterday | morning- that Powel Fredrick, . recently | appointed by Mayor Schmitz as chief | of E. W. Williams, suspended for neglect | of duty, was not guilty of contempt of | court and that he had done nothing to | disobey the writ of certiorari issued on | the prayer of Willlams. The allegations that Fredrick had vio- | lated the orders of the court,.as contained in the writ of certiorari, were based ‘sole- | ly on the contentions of Attorney T. .D. | Riordan, who represents Willlams and County Clerk Mahony in their battle to retain office. The arguments presented by Attorney Abe Ruef evidently carried conviction, for Judge Carroll Cook rendered his decision on the lines lald down by Ruef in pre- senting' his case on Friday. The ruling of the court on the contempt proceedings is as follows: In the matter of the contempt proceedings against Powell Fredrick, which has been ar- gued and submitted, 1 have carefully consld- ered the arguments’ that have been made in the matter and. the evidence offered; and on an examination of the two authorities most | relied upon by counsel for respondent, the case of Bush (40 Cal) and the case of Larleur (111 Cal) I find that neither of those cases answers the contention of the petitioner Wil- llams here. They both relate to the mere act of appointment where there is a vacancy. Has Right to Review Acts. Of course, had Mr. Williams dled or had he resigned and the = Mayor assumed to appoint - his successor, - his act in that respect, to my mind,. would be & ministerial act and not inthe .nature of a | judiclel proceeding, not reviewable on a writ | of review.. That is all that.either of those cases holds. . In this case, however, there is | Toupled with the appointment of ' successor | to that he should be removed, and of the status | of the right of a party, which, under all the | authorities that I can find, makes the.action | in its nature a judicial proceeding, and, there- | fore, reviewable by a superior tribunal, and 1| am satisfled that the proceeding sought to | ba. reviewed here is one.that is proper to be | reviewed by writ of review or certiorarl. 4 I am further satisfied that as to whether the party whose act Is sought to be reviewed | had or had not jurisdiction is a question which | this court is aythorized under the law to pass upon. It must be passed upon by this court, and, therefore, until it has been decided by | this court, the inferfor tribunal, board or of- | ficer whose action is Sought to be reviewed | has no power to determine it for himself nor to undertake to set at deflance the orders of | th_superior tribunal. I am further satisfled thht if this court had in its order commanded the co-defendant, Mr. Fredrick, not to exercise any of the rights or powers of clerk of the Justices' Court it would have had the right-to make that order and that i in his disobedience of that order he proceeded to act he would have been in con- tempt of court. I am equally satisfled that the court had the right to order both of the parties to desist | from any action—further action—in the matter to be reviewed. According to tl:e evidence here Mr. Fredrick a1d nothing. He was in the office when the writ was served and the Mayor's clerk came into the office and gave orders to the police- men, saying that he was acting in the name of | the ‘Mayor, to_remove Mr. Williams. The Mayor's clerk, however, is not before me for contempt, neither is the Mayor. Thinks Mayor Was in Contempt. It that order was given by the direction of the Mayor I am clearly of the opinion that sthe Mayor would be in contempt of this court and 1 would not hesitate to so adjudge. but the Mayor has not been brought before this court for contempt of this ¢ ‘er and there is nothing before the court to sl.w that the clerk of the Mayor was authorized to give the order which was given to,the policemen. Certainly Mr. Fredrick gave no order. He did r1oth- ing, and though he was there and continued 10 stay there the court did not command him to leave that office. "All the court did in the order, all that appears in the writ in any way referring to Mr. Fredrick would be that his | powers as clerk were suspended, which is merely an adjudication as to his status. There | was not any direction to him, either to do or'| not to do anything. Therefore, | fail to find that the evidence Lefore me shows that Mr. Fredrick did any- thing in contempt of the writ issued out of this court. Let the order to show cause b vacated. Having disposed of the contempt pro. ceedings, Judge Cook took up the hear- ing of the writ of certiorari. The writ view the acts of Mayor Schmitz in sus- pending Willlams from office and appoint- ing Fredrick in his place, and at the same time restrains the Mayor from placing Williams on trial until after the review by the court. In hearing the contempt proceedings Judge Cook would not’allow any argu- ments ae to whether the Mayor had the pewer to suspend and remove Williams and name his successor. That point is to be decided on the arguments and hearing of the writ of certiorarl . Files Demurrer to Writ. Attorney Ruef, on behalf of Mayor Schmitz and Powel Fredrick, filed a de- rhurrer to the writ, the nrincipal points advanced being that the acts of the May- or were not judicial and therefore could not be subject to review the couri Ruef informed Judge k that fn re- gard to the portion of the' writ restrain- Ing the Mayor and Fredrick from further proceedings, it was his intention to make a return on the same and serve copies on Attorney Rlordan and former Clerk Wil- liams and asked for a continuance. A conference between counsel finaliy re- sulted In an agreement that each side to the Justices’ clerk imbroglio would ree main passive until Judge Cook heard the arguments on the writ of certiorari., By consent of all parties, Judge Cook then set the hearing of the writ of review for next Friday morning. Under the terms of the verbal stipula- tion, Mayor Schmitz will not place Wil- lisms on trial Monday, and the suspended clerk and his attorney, Riordan, will not Continued on Page Twenty-Eight. @ “Fimiiiriie el e @ Miss M. Crossen, San Jose; Mrs. W. A. Deane, Miss Maude Smith, Mrs. Hildebrand and Mrs, H. McCracken of the Presidio Catery, 8313 Ci reet, who will have at least twenty spe mens ‘of the Angora breed in whites, blach chinchillas, reds, tortoise shell, etc. Effort will be made to have Mrs. Wil- liam Rels of 835 California street exhibit her rare Siamese cats. The following ladies will serve as the committee in charge. Mrs. C. E. Martling, Mrs. W. A. Deane, Mrs. A. McCabe, Mrs. Allan Abbott, Mrs. . Mrs. Harriet Welch, Mrs. A. H. Brod, Mrs. C. Hildebrand, Mrs. W. C. Morrow, Mrs. Riedy, Dr. Steers, Mrs. Waters and Mrs. Mel- ville, The California Camera Club and ths Columbia Park Boys' Club will also have exhibits during the carnival, r. Willlams a determination of the fact-' | o PROMINENT SOCIETY COUPLE ARE MADE ONE AT BRILLIANT PINK AND WHITE WEDDING lliss India Willis Scott and Arthur Whipple Spear Are Tlarried in th: Pres:nce of a Large Gathering of Friends | ors \| “nore Y L — Miss Grace McKinley, Miss Jennie MecMil- lan, Miss Emma McMillan, Mr. and Mrs, Mc- Gaw, George B, McBride, D. McColgan, Miss McColgan, Miss Jennie McFarland. Mr. and Mrs. Willlam Skatts Noyes, Mr. and Mrs. H. H. Noble, Mr, and Mrs. D_Osborn, Miss Clara O'Brien, Joseph O’Brien, Rev. . L. O'Netl, and Mrs. Osgood, Governmor and Mrs, . B, Odell, Mr. and Mrs. Willlam D. O’'Kane, Willlam D. 0’ Connor, Percy Pettigrew, Mre. Pettigrew, Miss Phoebe Painter, Dr. Gardner Perry Pond, Mr. and Mrs. Stafford Parker, John Partridge, Mr. d_Mrs. Charles M. Plum, Mr. and Mrs. W. Phelps, Mr. and erson, Mrs, Timothy Gu Mrs. John Waterman Phillips, Mr. and Mrs. George H. Pippy, Mr. and Mrs. Edward Pea- body. Mr. and Mrs. A. W. Rose, Mr. and Mrs. Ju= lus Reiss, the Misses Reis, Mr. and Mrs. A. J. Ralston, Dr. and Mrs, Martin Regens- burger. Mr. and Mrs. Charles J. ‘Stovel, Mr. and Mrs. Jullan Sonntag, Colonel Charles Sonn- tag, Mr. and Mrs. John Spruance, Mrs. A. D. Sharon, Miss May Sharon, Mr. £ € . Consul and Mrs. John Stmp- son, Mr. and Mrs. W. P. Shaw, Mr. and Mrs. W. Stoddard, Mr. and Mrs. Joseph Scott, W. Sullivan, Mrs. Sullivan, Miss Sullivan, James Sweeney, Mrs. J. Stoutenburgh, Miss Minnle , Mr. and Mrs. Frank A. Scott, the Misses Scott, C. Smith, Mr. and Mrs. G. B. Somers, Mr. and Mrs. R. J. Simes, Miss Simes, Hon. and Mrs. Joseph S. Spear Jr., Mrs. THURSDAY NEXT. HE home wedding of Miss India Willis Scott and Arthur W. Spear last evening was a beautiful af- fair and one long to be remem- bered. The residence of the bride’s aunt, Mrs. Willlam Willis, 1840 | California street, was elaborately deco- | rated for the -important event and 225 ! friends were invited to witness the cere- mony and enjoy the festivities. It was a pink and white wedding and the drawing- | rooms suggested a veritable garden of | Eden. Besides the wealth of follage, pink | roses were lavishly festooned with dainty sashes of pink tulle and satin ribbon. The happy couple stood in the bridal bower under, a floral latticed canopy while the Revi Bradford Leavitt of the Frst Unitarian Church made them hus- band and wifs. Mr.. Willis gave the way. ¢ b‘:fifi’ pridal robe was of white panne crepe, cut en train, with a shower of chif- fon' ruffies on the skirt. The bodice had a yoke of tucked mousseline de soie and a bertha of duchesse lace. There was a Soke of this lace about the hips and a Jabot of the same extending from the edge of the bodice yoke to the lra{n of the skirt. 'The veil was of white tulle, held in the halr with orange blossoms and also trimmed at the edges with tiny clus- fete of orange blossoms. The bride wore no jeweu,'b\;lt cnrfil;,d a shower bouquet ies of the valley. otMl‘!l!. Willls wore an imported gown of cream-colored Renalssance lace over white chiffon nndusflk. with violets, and diamond o Pridesmalds, but Miss Louise Lord, 11 years of age, was mail of honor. She was daintily gowned in pink tucked batiste, cu& decollete. and trimmed with rosettes And a jabot of pink velvet baby ribhon. The skirt had Peveral tiny ruffies of Valenciennes lace. She carried a shower bouquet of Cecil er Toses. Bm?tle Miss Marfon Stovel was flower bearer and was vrettily attired in white mousseline de soie over white taffeta. She carried a pink basket filled with rose petals. The eriflre‘ color scheme was most nd easing. Br{l‘:“‘;:fl Mprm ‘Spear will leave to-day for a short wedding trip, after which they will go at once to their new home on Sut- ter strecl will be recsived Tuesdays in April at 1840 California street. The guests invited to witness the mar- riage were: ) S . end Mrs. E. T. Allen,” Mr. and Mrs. Amtin Amold, W.'F.’ Aldrich, Dr. and ‘Mrs. Alford, Miss ord.. John F. Boyd, Miss Lou BowG, John Toya, ME and Mre. Clement Ben- Lnett, Mr. and Mrs. Alexander Boyd, Clair POPULAR SAN FRANCISCO COUPLE WHO WEDDED UNDER A ROSE BOWER IN THE BRIDE'S HOMB, AND ANOTHER CHARMING MEMBER OF SOCIETY WHO I8 WORKING FOR THE HOSPITAL BENEFIT ON Boyd, Mrs. L. H. Bryan, Mr. and Mrs. O. D. Baldwin, Miss Buckingham, Mr. and Mrs. A. G. Booth, Mr. Barnerd, T. I. Bergin, Mr. and Mrs. James D. Bailey, Miss Bailey, Mr. and Mrs. Bruce Bonny, Captain and Mrs. M. Burns, Colonel and Mrs. Barry, Dr. and Mrs. A. Barkan, Mr. and Mrs. Kenneth P. Barnard, George Bowers, Mme. Buffandeau, Miss Buf- fandeau, General and Mrs. Samuel W. Back- us, Howard Blethen. Dr. John Rodgers Clark, Mr. and Mrs. R. B. Cunningham, Mr. and Mrs. Arthur V. Cal- laghan, Mrs. John Cooper, Mr. and Mrs. Cald- well, Miss Church, Mr. and Mrs. J. C. Camp- bell, Miss Gertrude Campbell, Miss M. E. Cal- lahan, Mrs.. E. A. Cox, Major Choate, Mr. and Mrs. P. B. Cornwali, Mr. and Mrs. W. R. Cole, Mr. and Mrs. Robert Campbbell. Mr. John. Ceffery, Colonel and Mrs. Coolidge. Mr. and Mrs. W. J. Dingee, Mr. and Mrs. Robert Doherty, Mr. and Mrs. M. H. de Young, Miss Helen de Young, Mr. and Mrs. Margaret Deane, Miss Mamie Deane, Mrs. Willlam Deemer, Mrs. Dormann, p and Mr:. C F. Deane, Dr. Louis C. Deane. Captain and Mre. Grayson Dutton, Mr. and Mrs, Thomas Dennigan, Frank Dougherty, E. Dougherty, Colonel and Mrs. Jefferson Doo- little, ‘Misg L. Mildred Dougherty, Colonel Davis. Dr. and Mrs. C. N. Ellinwood, Mrs. S. T. Enos, Judge and Mrs. M. M. Estee, Miss Earl. Misses Feldmann, Mr. and Mrs. M. H. Flint, Hon. George Fuller, Minister and Mme. Wu Ting Fang, Clarence Follis. Mr. and Mrs. Albert Gallatin, Miss LI Gallatin, Bert Gallatin, Mr. and Mrs. Willian Giselman, Mrs. James Monroe Goewey. Mc and Mrs Carl Gross, Mr. and Mrs._ Seconds | Guasti, Mr. and Mrs_ E. Godfrey. Mr. and Mrs, W. L. Godfrey, Mrs. C. J. Godfrey, Miss | Godfrey, Miss Eula Godfrey. Mr. and Mrs. H. E. Huntington, Mr. and Mrs. Hickox, Charles C. Hoag, Mr. and Mr=. W. D. Haslani, Miss Haslam, Mrs. H. N. Haviland Miss Clara Huntington, Miss Elizabeth Ha ington, Mr, and Mrs. Howard Holmes, M and Mrs Hastings, Miss Jennie Huntsman, Judge and Mrs. John Hunt, Mr. and Mrs. Theodore Corneil Hall, Judge and Mrs. S. P. Hall. Miss Hall, Whipple Hall, Mr. ‘and Mrs. W. B. Hemilton. - Mr. and Mrs. James Irvine. Rev. John Jones, W, P, Jeffries, Mrs. Re- becea Jennings. Captain and Mrs. Persey M. Kessler, Mf. and Mrs. George A. Knight, Mr. and Mrs, F. S. Knight, C‘ha&a Knight, Mr. and Mrs. F. H. Kirkpatri W, Kelley, ) ck. r. and' Mrs. William M. Lent, Mrs. Fannie Lent, Mr. and Mrs. Eugene Lent, Mrs, Ida Lewis. Dr, and Mrs, L. C. Lane, Rev. and Mrs. Bradford Leaviit, Rev. and Mrs. Edgar J. Lion, Mr. and Mrs. Lange, Miiton S. J. B. Lord. Miss Louise Lord. Mr. and Mrs. Charles Fraderic Mullins, Miss Mavd Mullins, Mr. and Mrs. G. E. Morse. Louls Martel. Miss Adele Martel. Mrs. M. Moss, Miss Kate Mihan. Mr. and Mre Harry Rice Mann, Mrs. Willlam H. Mills, Mr. and Mrs, Clarence M. Mann, Rev. C. D. Milliken, Mr 'and Mrs. John Mitchell. C. L. Mead, Mr and Mrs. Cheries Murdock, Mr. and Mrs. Wil- Tis Mathews, Dr. and Mrs. H. E_ Morrison. Mr_ and Mrs. H. J. Maxwell Dr. Wi - Martin, Mr. and Mrs, Joseph M. Masten. Mary Adele Spear, Miss Spear, Chauncey M. Major George F. Shiels, Colonel . Smith. Mr. and Mrs. Henry P. Somn- tag, Mr. and Mrs. Monroe Sallsbury. Oscar Toile, Captain and Mrs. T. G. Taylor. ifi"' and Mrs. H. B. Underhill, Miss Under- Mr. and Mrs. Walter Van Bergin, Mr. and Mrs. Van Wyck, Miss Gertrude Van Wyck. Mr. and Mrs. Willilam S. Wood, B. Wood, Mr. and Mrs. W. C. Woodman, Mr. and Mrs. 5. R. Wells, Miss Marte Wells, Mr. and Mrs. F. L. Whitney, Miss Whitney, Mr. and Mrs. Asa R. Wells, Mrs. S. Wenban, and Mrs. W. Willis, Dr. and Mrs. A.jTerner, Miss Warner, Mr. and Mi%. Judson G.' Nells. Mr. and Mrs. John P. Young, Mrs. Kate Staples Yemans, Imperial Chigesé Consul Ho ow. Mrs. W. S. Leake gave a luncheon yes- terday at the Palace Hotel in honor of Miss Florence Dresbach. Covers were laid for twelve and the decorations were spring flowers. The color scheme was yellow, inciuding daffcdils and soft yellow shades in the candelabra. The favors were silver hearts. A surprise awaited the guests when they had finished a dainty luncheon, as Mrs. Leake had alse planned a box party at the Columb: Theater. “Princess Chic” afforded enter- tainment for the afternoon. Those pres- | ent were: | _Miiss Florence Dresbach, Miss Florence | Ewmg, Mrs. Charles Suydam, Miss Georgle | Speker, Miss Lucile Smith, Miss Alice Breeze, == Efsie Harrison, Miss Jullette Smith, Miss rie -Ayers, Miss Itma Dresbach, Mrs. ry Hale Fuller. EL R | | I” Mrs. R. H. Warfleld is giving an enjoy- | able house party on Mount Tamalpais to | forty-eight friends In honor of her son, | 3. V. Warfig}d, it being his twenty-first | birthday. The party left on a special train yesterday afternoon at 4:15. Many | original ideas in entertainment and favors | awaited the guests, affording a great deal of merriment. Then, too, a number of the party had arranged surprises for their young host, which added to the round of pleasure. Ane informal dance occupled most of the evening. This morning after breakfast there will be an out-of-door af- fair for the guests, and the special will bring them safely home this afternoon. P Mrs. Frederick A. Hatch gave the first of a series of card parties at her studlo yesterday afternoon. An interesting game of whist was énjoyed. The prizes were a hand-painted jewel case and a card case of leather. Those present were: Mrs. James Hatch, Mrs. Edward Hatch, Mre, Horace H. Newell, Mrs. R. Slocum, Mrs. Staab, Mrs. Hasty, Mrs. H. B. Sinelalr, Mrs. George Bailey, Mrs. Charles a- ner, Mrs. Charles Greene, Mrs. ¥ Leonard and Miss Campbell Ca