The San Francisco Call. Newspaper, February 2, 1902, Page 29

>~ @tt++titty Call, P Bidd bbbttt 4043444044 04444500 a0es 2010 40 \aassancsssstanaad SAN FRANCISCO, SUNDAY, FEBRUARY 2, 1902. CELEBRATES IMPORTANT EVENT | IN THE HISTORY OF CALIFORNIA Women’s Auxiliary of the Society of California Pioneers Observes the Ceding of Great Western Territory by Mexico to the United States With Frercises and a General Reception R HALL was crowded yes- afternoon with guests of ornia Pioneers. The the celebration of by Mexico to the anniversary of this t event falls on February 2, but ly decorated witt Palms added to the 's Auxiliary of the So- | The decorations were charming and con- sisted chiefly of foliage and pink flowers, arranged by the fair hands of the young | Chrysanthemums. Carriages were ordered for 1 ‘clock and the party dispersed at that hour, although many guests were loath to bring so delightful an affair to a ose ;e Mrs. Alexander Center and Miss Eliza- | beth Center were hostesses at a large tea vesterday afternoon at their residence, Vallejo and Fillmore streets. Between the | hours of 5 and 7 o'clock nearly three hun- KR P MRS, HENRY' E.HIGHTON MRs. saMUEL SHoRTRIDGE. = THREE GUESTS AT THE ASSEM- i BLY GIVEN BY THE AUXILIARY OF CALIFORNIA PIONEERS. — - frair was strictly in- threatening attendance. ttee composed of Mrs Mrs. Louis Sloss, Mrs. Mrs. Louls Aldrich, George H. Ouilton, Mrs. Leander Van rke Holladay, Miss A. A. Sargent, Mrs. d Mrs. James M. Geeney 3 o'clock, when the of red and gold, g the afternoon. e opened with an invoca- H. Willey. roductory address by ton. The speaker the historical event ing. on eve posterity would con- precedent established. his remarks Mrs. g “The Water Lil; Love Is Like the Henschel. Her sing- reciated. Miss Grace accompanist. M was the orator of the He spoke on “The Ceding of Cali- Mexico to the United States.” was a scholarly orical value was full The speaker spoke Mr. Delmas traced the leading to Mexico's re- its and ex- side from f bright thoughts Xtemporaneos se. He told of California’s her verdant hills, laden and its increasing com- aker paid a beautiful trib- pioneers, to whose hardihood hing zeal this State owes development. The address ent one and moved the au- husiastic applause. Toler, son of William P. Toler, the first American flag in Cal- t v, on October 19, 1842, One was “The le Scott, and the otber serenade called “La Allen was the accompanist. e close of the exercises a general . i in the adjoining par- to the sever fiin ur was spent by hosts tearoom committee was following ladies: 1 Chenery, Miss O’'Callag- ry, Miss Ayer, Miss Van Samuel M. Shortridge, Mrs. Peter Tiffany and Miss Lil- The Chrysanthemums’ dance last even- ing was & brilliant success. Long before | the festivities began every ticket at ml { Post street was sold, which of course ex- ceeded the fondest three hundred Hall and it rec expectations. Fully guests thronged Cotillon i ‘red all the tact of the wostesses to pro le for their comfort in epite of the crush. Soclety was well rep- resented and the younger set was most in evidence. Many beautiful and artistic gowns were yorn, many having the Parisian touch. Seats were placed in | This was | He told of the| their children | one and | the Golden State up to | ments were served and | | dred guests were received. The drawing- | rooms were decorated In excellent taste and the tea was very enjoyable. s Those | M Mattie Livermore, Dai ixmrmun. Elizabeth Huntington and Lucie « s . Mrs. David Bixler and the Misses Hyde gave a delightful card party at their resi- | dence, Pierce and Union streets, yester- | day afternoon. Miss Turner of. Detroit was guest of honor. Eighty ladies en- joyed the game of eucher and worked dil- igently for the handsome prizes. Refresh- | ments were served and the afternoon was a pleasant one in every particular. S Mrs. Charles K. Harley was hostess at a tea yesterday afternoon from 4 to 6 o'clock. Her home at 2319 Scott street was prettily decorated for the occasion and everything was perfectly appointed. The number of guests approximated one | hundred and fifty. Those who assisted in | | receiving were: Mrs. Chester Smith, the | Misses 1da and Margery Gibbons, Daisy Cartwright, Norma Castle, Leah Shingle- berger, Julla de Laveaga, Ruth Gedney, Mrs. Livingstone Jenks, Mrs. A. O. Ber- nard and Miss Stella Fortmann. . “is e Mrs. Jacob B. Rawles, wife of Colonel J. B. Rawles, 8. A., and daughter, Miss Rawles, ‘entertained two hundred and fifty of their friends yesterday at their Pre- sidio home. A delightful tea was the oc- caslon for this gathering. The red dero- rations were especially pleasing and the music was excellent. The affair was most enjoyable, ose who assisted in receiv- ing were: Mrs. Lemon, Miss Marie Wil- son, Miss Mary Turnbull, Miss Charlotte | E. Ellinwood, Miss Leontine Blakeman, Mrs. Millar, Mrs. Kilbourne, Mrs. Reth- | ers, Mrs. Todd, Mrs. White, Mrs. Burgess, Mrs. Rumbaugh, Miss Andrews and Miss White. A large reception was given yesterday by the Sorosis-West at Miss West's school, 2014 Van Ness avenue. Miss West was the guest of honor and fully enjoyed meeting her former pupils, who constitute the Sorosis-West. Several hundred callers were received during the afternoon. The directors assisted in recelving. They are: Mre. Frank L. Mathieu, Mrs. M. Hall Mc- Allister, Mrs. Daniel T. Perkins, Mrs. Waltes Magee, Miss Bernie Drown, lyne, Miss Bertie Bruce, Miss Katherine Po | ers and Miss McEwen, and also Mrs. Frede: ick B. Lake, Mrs. Elwyn Lester, Mrs. Rob. ert Hooker, Mrs. Alta Low, Mrs. Laurance Jrving Scott, Mrs. William H. Taylor Jr., | Mre, Augustus Taylor, Miss Georgina Hopkins, Miss Leontine Blakeman and Miss Charlotte E. Ellinwood. T e Mrs. William 8. Wood gave a delightful tea yesterday for her daughter, Mrs. C. F. Welty of Cincinnati. More than three hundred callers were received during the afternoon. The drawing-rooms were dec- orated chiefly,with roses. Mrs. Wood was assisted by: Mrs. Robert Watt, Mrs. M. B. Kellogg, Mrs. Clinton E. Worden, Mrs. Oscar Fitzalon Long, Miss Edith Pillsbury, Miss Katherine Spiers, Miss Ethel Lincoln, Miss Louisa Breeze, the Misses Hamilton, Miss Evelyn Norwood. Miss Jean Mackenzie, Miss Helen Dean, Miss Kath- erine Herrin and Miss Keloey Paterson. Mrs. Nuttall and her daughter, Miss J. | sen, H Nadine Nuttall, gave a pleasant tea yes- terday at Century Hall. Between ‘the hours of 4 and 7 o’clock many friends were received and charmingly entertained. DANISH SOCIETY HOLDS ANNUAL MASQUERADE National Dances and Pretty Costumes Afford Many Revelers a Night of Enjoyment. The Danmark and Helga branches of the Socfety Dania gave their annual mas- querade ball at Saratoga Hall last night. The floor was filled with merry maskers and all enjoyed themselves to the fullest extent. Masks were removed at midnight, just prior to the supper call, and many were the surprises in store. The affair was successfully conducted under the direction of the following com- mittees: Committee of arrangements—K. M. Boysen, . Moller, J. D, Meinhard, J, C. Chrisgn: R. Wiison, C. Bonde. Floor manager, James A. Sorensen; assistant floor manager, M. Holm Floor committee—C. Andersen, C. W. H; Raception _committee—James Boes, Jacob Petersen, G. Sillesen. Most of the music rendered was of a national character and between the dances some of the national dances of Denmark were illnstrated. ————— Mrs. Daniels Ratified Realty Deal. The transactions in realty between K. D. Marsh of the real estate firm of Burn- ham & Marsh and Mrs. Mary E. Daniels, now an incompetent person, which were mentioned in The Call of Friday, occur- red before the woman lost her ability to transact business. The matter was brought up before Judge Troutt yester- day ardl Mr. Marsh testified that he bought the Taylor-street property in 1855 and sold it for Mrs. Daniels five years later. The deal was ratified In writing by Mrs. Daniels. —_—— Music at the Park. The following programme of music wiil be rendered this afternoon at Golden Gate Park, weather permitting: PART I. Overture, “Un Concert, **Humoresque Potpourr” .... ““Austrian Hymn,” with Hayd ~‘Hungarian Fantasia” . Selection, *Ul Klinker, Th. Hein, s. en. Madison, I. Overture, ‘“‘Poet and Peasan “0ld Kentucky Home,” with March, “Where Ola Glory Wavi To-Morrow Morning The factory sale of shoes will sell the balance of odds and ends in ladies’ and men’s shoes, worth all the way from $2.50 to $3.50, for just $1.00. This will be the last day for this $1.00 sale. The 1000 cases of shoes that arrived here from St. Louis will then be unpacked and everybody will be happy. Yet would advise the people to not go barefooted when they can buy | $2.50 shoes for $1.00 to-morrow at Hive shoe sale, 717 Market st., n:aru'i“ii?de.g —————— Morenci Postoffice Robbed. PHOENIX, Ariz., Feb. 1L.—News was re- ceived here to-day that the postoffice at Morenci was robbed on Thursday night of $300 in cash, $250 in stamps and all the rezistered mail. b 14522 0 PRIV SCHMITZ DEMANDS JUSTICE Aid o Jury I8 Asked by Mayor. Says Acts of Peace Justices Are Ilegal. I8 Virtually Suggested by Executive, HE controversy between Mayor Schmitz and the Justices of the Peace relative to the appointment of a clerk for the minor judiclary I reached the acute stage last night | whén the Mayor sent a long statement to the Grand Jury requesting that body to investigate the situation as soon as possible and to take such action in the premises as it might deem proper. | 1t was thought during the day that Clerk Windrow, the appointee of the Jus- tices, might be arrested for violation of section 65 of the Penal Code, which makes | 1t a misdemeanor for any one to assume | public functions without having filed a | duly approved bond with. the Mayor. [ Windrow filed the required bond, but the | | Mayor refused to approve it on the ground | that there was no vacaney in the office of clerk of the Justices' Court, he having | previously appointed Powel Fredrick to | the vacancy created by the resignation of | B. W. Williams. Finding that Windrow ignored the | threat of arrest, but on the contrary in- vited it by resuming his functions as clerk yesterday morning, the Mayor, after a long consultation with his legal adviser, prepared the following tart letter to the Grand Jury: Mayor Addresscs Grand Jury. | “Executive Department, Mayor's Office, | San Francisco, Cal., Feb. 1, 1902.—Taq {i | Grand Jury of the City and County of San | ¥rancisco—Gentlemen: In the discharge of my duty as chief magistrate of this | city 1 feel it incumbent upon me to call to your attentfon the arbitrary and high- | handed acts of the J istices of the Peace of -the city and county of San Krancisco | in the mutter of the selection of a chief clerk of the Justices’ Court, and I re- spectfully request you to apply to_said Justices the provisions of sections 758 to inciusive, of the Penal Code of the State of California. The high-handed pro- ceedings of the last few days certainly | call for drastic action, and In the interest | | of the people of San Francisco I respect- | fully submit that conduct of this charac- ter should receive strenuous and imme- | diate consideration at your hands. Foi- lowing are the facts: “On January 21, 1902, written charges, duly verified, were presented to me in my official capacity, accusing E. W. Williats, then chief clerk of the Justices of the Peace, ot willful neglect of duty and of | misconduct in office, The definite charges prefei.ed were based mainly on the con- tinuous attendance of Mr. Williams, and of his deputies, at the racetrack and at | other resorts, and on their constant ab- | sence from their offices, and the conse- | quent neglect of their officlal duties. | Other informal charges based on other grounds were presented at the same time. | On the filing of these charges, under sec- | tion 2, chapter I of article IV of the char- | ter, and under sections 18 to 20 of articlc XVI, I supended Mr. Willilams from his | office, pending _investigation, and ap- pointed Powel Fredrick in_his place to | serve during the period of his .suspen- sion. 1 Resignation of Williams. | “Immediately the suspended clerk, by T. D. Riordan, his attorney, procured a writ of certiorari before Judge Cook in order to review my action, on the ground | that I had suspended him without trial and wassproceeding to investigate his acts with a view to his eventual removal, and that the charges were groundless. Pend- ing proceedings, on the morning of Janu- | ary 23, 1902, 1 received the resignation of Mr. Willlams in the following words: “‘Hon, E. B. Schmitz, Mayor of the City and County of San Francisco: The undersigned hereby presents his resigna- tion as chief clerk of the Justices of the Peace of the city and county of San Francisco, to take effect immediately. “‘E. W. WILLIAMS." “This was an admission of the truth and sufficiency of the charges preferred, and the case in Judge Cook's court was thereupon .on January 30, 1902, dismissed on motion of the attorney who had insti- tuted the proceedings. The resignation of Mr. Willlams was made public on Jan- uary 29, 1902. “Thereupon, on advice of Mr. Willlams' attorney, four of the Justices of the Peace were called together at the Hotel Pleas- anton late at night. and without inquiry or trial, assumed to find the attorney's client, Willlams, guilty of malfeasance and misfeasance in office and to remove him from office. “This was after recelpt by me of Mr. Willlams' resignation. In his stead they assumed to appoint Joseph Windrow, a copylist in the County Clerk's office and a political colleague of Mr. Willlams. Mr. Windrow did not attempt to qualify until the next day, and has not yet regu- Jarly qualified, as required by law and the charter: On the morning of January 30, 1902, under the provisions of section 4, chapter I of article IV of the charter, | appointed Mr. Fredrick chief clerk of the Justices of the Peace of the city and county of San Francisco for the unex- pired portion of Mr. Williams' term. Mr. Fredrick duly qualified and is%n charge of the Justices’ clerk office and of all pa- ers and records thereof, and is discharg- rng the duties of his office, as he has been since January 21, 1902. ‘One of the “Push’ Installed. “The Justices, in order to carry out their bold and audaclous attempt ‘to in- stall another member of the ‘push’ in place of the one who was deposed, and being unable to place him in the regular office of the chief clerk, by various ex- pedients flnnllly |an;iedl hhlm Pexn the court- room of Justice o e Peace 'Daj Where e holds forth With as much oa: thority, in my opinion, as though he were the veriest stranger claiming on the street corners to be authorized to receive and to appropriate public moneys. “In support of their unholy combination the Justices have threatened and intimi- dated litigants and have announced that ‘they will not hear any cases filed in the the Grand Indictment of Lower Bench| LEADER IN LOCAL ‘ART WORLD CHOSEN AS PRINCE CARNIVAL 'G. Cadenasso Is Unanimously Elected to Occupy Throne at the Coming Mardi Gras Celebration and Mrs. Cadenasso, in Royal Red and Ermine, Will Be His Partner--Grand March at Ten = | CADENASSO, one of the most popular of the local ar- tists, has been unanimously Q elected Prince Carnival of the coming Mardi Gras celebration | at the Mark Hopkins Institute of Art. | For weeks the question of who would be | the prince has been a leading theme at | violet luncheons and pink teas. There | will ‘be general satisfaction over the choice, for Signor Cadenasso will surely make a dashing prince. | As to the royal partner of the prince— | the toest, “Long Live the Queen,” will be drunk to the charming Mrs. Cadenasso, | whose classic features and regal bearing | will add a touch of realism to the even- ing’s fantasy. Mrs. Cadenasso is well known and active in local music ecircles, and holds the position of contralto soloist in the Bush-street French Church. As the | queen of the carnival she will wear an elaborate white satin Marie Stuart gown, made with a front panel of crimson silk, spangled with gold. A royal robe of red velvet, trimmed with erminé, will be worn over this. A diamond necklace and a jew- eled crown will complete the costume. Last year the ball opened promptly at 9:30, with the result that a great number of the gay participants were conspicuous by their absence in the grand march. This year an extra half hour will be given and the grand march will form' promptly at 10 o'¢lock. A~ a number of dinner parties have been arranged for that evening, the additional half hour will, no doubt, be hailed with welcome. The decorations, under the direction of L. P. Latimer and Willis P. Davis, are to be unusually elaborate, and it is said that several distinct novelties are in prep- chief clerk's office, and will' recognize only the signature of Mr. Windrow. “The result of this course is that many who Lave business in their courts, while admitting and recognizing the validity of Mr. Fredrick's appointment, fear the con- sequences of the Justices' displeasure, and either refrain from filing their papers or file them illegally with Mr. Windrow. This will give rise to the most serious complications unless immediately averted. My judgment is that it is wiliful miscon- duct for the Justices to take such action. The Justices’ flimsy contention is that the Justices of the Peace. are State offi- cers and that therefore the chief clerk is fficer. u“sl“:;’el ;dvised that neither of these con- tentions is sound, but in this connection we have to deal only with the chief clerk and not with the Justices. “The Chief Clerk's appointment is pro- vided for by both the Code of Civil Pro- cedure of the State of California and by the charter of San Francisco. “And under both the appointment of Windrow Is clearly illegal and void. “Under section 36 of the Code of Civil Procedure the Chief Clerk is to be ap- pointed by the Board of Supervisors and hot by the Justices. The Supervisors have not_appointed Mr. Windrow. “Under the same section the clerk is a ‘city and county’ officer and not a State officer, and is required to ‘give bond for the faithful discharge of the duties of his office and in the same manner as is or may be required of other officers ‘of such ounty. cl}.}i’:‘l"\;lr ctht-z s{me section the clerk has | the right to only two deputies, in place of the fiye heretofore serving, and appointed only under the provisions of the charter. Windrow Is Liable. “Mr. Windrow has not been appointed by the Board of Supervisors, he has not filed or recorded the required bond, and is under the Code of Civil Procedure clearly a usurper, liable, in my judgment, to criminal prosecution. his offense seems under section 65 of the Penal Code to be a misdemeanor I am advised that Your honorable body has no jurisdiction to indict for his offense. “Proceeding further, it is clear also that under the charter the appointment of ‘Windrow is absolutely void. e original appointment of Willlams was In the Jus- tices of the Peace under Chapter VII of Article V of the rter, and they ap- inted Willlams for two years, the term ’flx;’ed by the charter. Willlams qualified under the charter, he appointed his depu- < | - march will conclude and the retinue will form in semi-circle, while the prince as- cends the throne and delivers the tradi- tional song praise of dance and merri- ment. A chorus from the Bohemian Club, in- cluding Elmer E. Simmons, Clarence T. Wendell, - Burbank Somers, Dr. H. P. Carlton, Willlam P. Neilson,' Charles Dickman, H. P. Veeder and C. H. Lam~ berton, will make the responses. Alvard J. J. McKinnon, who made such a success in_the role of the jesterglast year, has kindly consented té once more assume the same part. Soclety at large is taking an interest in the Mardi Gras celebration this year that eclipses all previous records. Responses from Oakland, Alameda and other cities across the bay are coming 1 Alveady e < | WELL KNOWN ARTIST AND HIS TO REIGN DURING THE FEW ‘GRAS CARNIVAL OF FOLLY. —_— WIFE WHO HAVE BEEN CHOSEN JOYOUS HOURS OF THE MARDI - aration. The house gallery will flash with brilllant lights and a profusion of carni- val colors of red and yellow, but the ar- tistle surprises in deccration are to be awarded the grand gallery. The vrocession will forra on the lower floor; then, preceded by the herald, car- rying his trumpet and wearing a tabard, will, headed by a brass band, wind through the various rooms, thence to the main gallery, known as the Searles gal- lary, where the gayest of gay revelers— Cleopatras, Mignons, flower queens and dancing shepherdesses, with flashing eyes and buoyant spirits—will daintily follow the dashing prince and his beautiful part- ner through the serpentine march. On the signal given by the herald the tles under the charter and he discharged his duties, so far as they were dis- charged, under the charter. “These very Justices have during all this time recognized his actions under the charter provisions, have seen his five charter deputies whenever they conde- scended at intervals to appear at their post of duty. “If the clerk is not a charter officlal then these Justices have knowingly allowed three illegal deputies to draw their salaries and to perform acts which were under the Justices’ present conten- tions entirely illegal and void. But while the Justices by the charter have the power of original appointment whenever a vacancy occurs by resignation or re- moval (ses section 10 of Article X V1), the charter provides that the Mayor shall fill the yvacancy. “Section 4 of Chapter I, article IV, reads as follows: “ “When a vacancy occurs in any office and provision is not otherwise made in this charter or by law for filling the same, the Mayor shall appoint a suitable person to fill such vacancy, who shall hold office {or the remainder of the unexpired erm. “Thersuis no ‘provision made anywhere for the Justices to fill such vacancles, and my power, therefore, is unquestionable. Mayor Is Disinterested. “I have no interest in this matter per- sonally, nor do I care what particular in- dividual fills this office, provided he be ca- able and honest, but I do believe it my unden obligation to see that the law is properly executed, and that the provisions of the charter are properly carried out. 1 further believe it to be to the interest of the people of San Francisco that when one member of an unclean political or- finnmuon is_forced to retire under fire, is place shall not be at.once filled by a member of the same political machine by | officlals whose duty it is to uphold as well as to administer the law and the public weal “The tendency to a recurrence of the same administration of this office by such appointments is seen from the manner in which the appointment is sought to be made, and the reappointment of the dep- ties of the old administration. ‘“That men who are honored by their fellow citizens with positions of trust, such as these Justices hold, where the property rights of the hard-working wage-earner and of the smaller taxpayer are constantly adjudicated, should allow themselves to be so openly used as instru- — more than 300 tickets have been disposed of. All the gallery boxes have been se- cured and almost half of the house boxes have been bought. In order that across-the-bay dwellers may not go home hungry as they did last year on account of the midnight repast, the supper will this time be served from 11 o'cleck, thereby giving ample time for the gay dancers to catch the last boat. The music for the Mardi Gras will under the direction of Henry Heyman. There will be two orchestras, one for the main gallery and one for the ground floor. Although the gentlemen are not allowed ‘to wear masks, it is understood that more than the usual number will come in cos- tume. be mentalities for the perpetration of what [ have no hesitancy in calling a gross out- rage on the people is to me not only a source of disgust. but indeed also of re- gret. “It affords me no pleasure whatever to bring thesé matters to your attention. [ conceive it to be my duty, and M trust that you will forthwith take such action in the premises as will clear the situation and bring to the bar of justice, before a competent tribunal, those whom you may, in your deliberations, find to be offenders agalnst the law. Respectfully submitted, “E. E. SCHMITZ, “Mayor of the City and County of San | Francisco.” Demands Windrow’s Ejectment. The fact that Windrow is occupying a desk in Justice Daniels’ courtroom with- out having been properly assigned there- to by the Board of Works and the Board of Supervisors prompted the Mayor to send a letter to the Board of Public Works and to- Chairman Samuel Braun- hart of the Suvervisors’ Committee on Public Buildings, in which he demands that steps be taken without delay to eject him therefrom. The letter is as follows: ‘“‘Executive Department, Mayor's Office, San Francisco, Cal, Feb. 1, 1902.—To the Board of Public Works, City Hall, City— Gentlemen: I respectfully call your at- tention to the fact that a room in the City Hall set apart as a courtroom for the use of Justice of the Peace Daniels is now being utilized without right as a pur- ported clerk’s office by Mr. Windrow, who claims unlawfully to be clerk of the Jus- tices' Court. It seems to me that it is within the line of your duty to remove from sald room all persons not having right, under your authority, to use the same. ““The use of this room by Mr. Windrow, abetted by the Justices of the Peace, has caused many unnecessary and unjusti- flable complications in the administra- tion of the affairs of the Justices’ Court, as it affords a false basis for the un- founded claim that he is a de facto clerk. I therefore suggest and request that in the interest of the public, and to obviate, as far as possible, the evil results arising feom the situation forced on the people of San Francisco by the arbitrary atti- tude of the Justices of the Peace, you cause sald courtroom to be immediately Continued on Page Thirty.