The San Francisco Call. Newspaper, February 8, 1902, Page 1

@ all, VOLUME XCL-—NO. 70. PRICE SAN FRANCISCO, SATURDAY, FEBRUARY 8, 1902. PRESIDENT DANIELS OF THE OAKLAND ENQUIRER -~ T T HE taking of d:positions in the suit belween the stockholders of the Oakland Enquirer began yesterday in Oakland before Court Commissioner Babcock. Just as Henry Ach, who represents D. Edward Collins, the plaintiff, was beginning to inquire whether Dr. George C. Pardee and Henry P, Dalton had ever talked with G. B. Daniels, the president and general manager of the Qakland Enquirer Publishing Company, about controlling the politics of Alameda County through newspapers, the attorneys | held a co nsulta ion, with the resuit that this line of questions was abandoned for the time. 'REFUSES TO DIVULGE RELATIONS WITH PARDEE RODSEVELTS SN STRICKEN BY [LLNESS Theodore Jr. Seriously | Aiflicted With Pneu- monia. Wife of the President Hurries to Bedside of the Boy. Bchool Authorities in Massachusetts Inform the Parents That the Condition of the Young Man Is Alarming. —_— 3TON, Feb. 7.—Mrs wife of the President Roose- left Washing- for Groton, odore Jr., is ly- She & drawing-room car on s afternoon pneumonia is the regu the Pennsylvania road, | which 1gh to Boston without | chang nere to-morrow morn- '3 7 o'cl From Boston the first n will reack Groton at 10:33 accompanied only information to reach the Pres- Roosevelt of the iliness of received at the White House 9:2 The was signed by the president of | the young man is.a pu~ that a slight in- ident and Mrs was telegrapk this morning. message ege where frect, developed into an acute | and k of pneumonia and that | he was seri y 11l | President at the Telephone. 1 r message received during the | stated that the young | i was 104 Arrange- once set on foot for Mrs. for Groton this aft- e ne first intelligence was President has been in almost the coilege faculty. earlier reports the | as remained almost un- g. During the late | evening, however, 1g messages were received | House Groton, the | ' e condition of | s time is satis- attending physicians. pt minimize the | k of pneumonia | Mrs. Roosevelt are | young man’s condi- | erything possible is be- | 1d the best physicians nurses are in const attendance. Hope for Beiter News. resident evelt himself is very like- rrow, and will do t of very reassuring g the night. If | 1 almost immedi- | will admit. It | Mrs. Roose- | bedside, but | s to make it safe | go farther away ffom p his engagement to go to Exposition and will leave | on Monday night, as orig- r son’s s., Feb. 7.—The condition 1t Jr. was reported at to-night as being “as comfort- be expected.” Those who ance at the lad’s bedside de. e anything more definite. It at the school, however, showed some improve- GROTON, 1 f Theodore Roos 9 o'clock vod fent Much Iliness at School. find the school practi- majority of the stu- rrow w 1 for their homes during the d the others will leave in the of word that Mrs to Ayer from Bos- ing train, arrange- meet her at the sta- about a half-mile morning. On receipt eit would come mor is en much fillness at the sch - are several other cases of pneumc des that of young Roosevel this afternoon the schoot was closeé for two weeks on account of prevailitg sickness. The boys have abit of running about bare- inter. This is thought to as of the serious colds. Found Dying in a Park. )§ ANGELES, Feb. 7.—Hev. James C. Bowes, a Demver evangelist, was found | to-day unconsqous in West Lake Park. | He had suffered a stroke of paralysis and | was in & criticl] condition. He was re- moved to the Gelifornia Hospital, where his death is exmcted. nication by telephone and | | - * ATTORNEY WM. AR Hiv- G.B.rPANE.S TESTIFYING. s N | | | | | HADL—E/ bANmLS | | | | | | | | | | | | | 4 | | i Bascock MADE A FEuw RULINGS. | | MEN WHO ARE PERSONALLY INTERESTED IN THE OAKLAND ENQUIRER PUBLISHING COMPANY’S SUIT. | i 3 AKLAND, Feb. 7.—Just as the at- torneys were getting down to the political questions in which the general public is interested in the suit between the stockholders of the Oakland Enquirer, the taking of the depositions before Court Commissioner Babcock was sus- pended and will not be continued until Monday. Henry Ach, who repre- sents D. Edward Collins, the plaintiff, was just beginning to inquire whether Dr. George C. Pardee and Henry P. Dalton had ever talked with G. B. Daniels, the president and general manager of ‘the Oakland Enquirer Publishing Company, about controlling the politics of Alameda County through newspapers, when there was a consultation between some of the attorneys and this line of questions, for which the political public has been wait- ing, was abandoned for the time. The line of examination began with | some cold and uninteresting dates, grad- uated to an examination of the minute and stock books of the Enquirer Publish- ing Company that promised some facts not in the possession of the public and finally, just before adjournment, brought up against the great and absorbing ques- tion of politics and the control of the Enquirer. Mr. Daniels had refused to an- swer some questions and did not remem- ber about others, and then the examina- tion ceased with the public interest at fever heat and decidedly unsatisfied. GREAT INTEREST IN SUIT. The general public has had a deep in- terest in this suit since the moment it was filed a few weeks ago. It was a suit | fraught with great possibilities, commer- | cial, personal and political. Here were partners in a corporation battling over profits and lack of dividends. Here were men who had been friends fighting against one another. nounted candidate for Governor of the State of California being charged with ownership and control of a newspaper and an effort to freeze out the minority stock- holders of the paper. In return charges Here was an an- | Remains Silent When Questioned Relétive to the Acquirement of Control of Newspaper for the Purpose of Manipu- lating Alameda County Politics. had been made that corporations were be- hind this suit in an endeavor to secure control of the paper. In this suit the public saw the possible making or unmaking of a Governor, the making or unmaking of a newspaper and the eternal ‘struggle that is on in Ala- meda County politics for the making and unmaking of politicians. “What is this Enquirer suit going to d0?" has been asked a thousand times in Alameda County, and not a few times on the outside. It was thought that this question might be answered to some slight degree by to-day’'s examinations, Put just as the highly interesting points were reached the postponement was tak- en and the great question still remains unanswered. POLITICIANS USE JUDGMENT. The rooms of Court Commissioner George Babcock were the center of all the interest in Oakland, but the public anc the politician did not let their interest overcome their judgment, and attendance upon the deposition taking was confined exclusively to witnesses, attorneys and newspaper men. For the general public or the general politiclan to have appeared there might have involved the danger of being accused of a personal motive in the attendance and that would have been a serious matter at the present stage of Alameda County politics. But there were enough of witnesses and attorneys to make up for the absence of outsiders. Henry Ach and J. B. Richard- son represented D. Edward Collins, the plaintiff in the suit. Dr. George C. Par- dee was present with W. B. Treadwell as his attorney. William Lair Hill, Charles E. Snook and L. S. Church ap- peared for the Oakland Enquirer Publish- ing Company. accompanied by three of the directors—G. B. Daniels, A. L. Smith and L. G. Jordan—while Abe P. Leach represented M. de L. Hadley, another di- rector. Dr. Pardee and G. B. Daniels were in cour} during the entire day, while the other witnesses drifted back and forth as they were wanted. BABCOCK COMES LATE. ° Court Commissioner Babcock was a few | moments late in arriving, but when he finally did assume control of the exam- ination he ruled it much after the fashion of Judge Harrington at Alturas. Twice he threatened to leave the case and allow the attorneys to conduct it as best they could without him. When the attorneys displeased him with their contentions he issued his rulings, and then told the at torneys to go to the Superior Court and have him reversed if they could. Whea Henry Ach quoted a little Latin in a stage whisper he remarked to the attor- ney, “You need not think that I don’t un- derstand that. I was educated in that before you were born.” He dealt his com- ments out with great impartiality, and said to Attorney Charles E. Snook, ‘‘Now, Charlle, you sit down,” much as Judge Harrington of Alturas has been doing, but he made the contesting attorneys ac- cept his rulings and insisted upon his right to sit as final arbiter in all discus- sions. Dr. George C. Pardee asked that his deposition be taken first, but Mr. Ach said that he had a regular plan of questions, from which he could not depart, and so the Pardee examination was continued until Tuesday, February 18, that being the date that best pleased all hands. Mr. Ach announced that he thought that the intervening time would probably be fully occupied with other witnesses, which would indicate that the deposition will be as important as the actual trial of the uit. ACH QUESTIONS SECRETARY. | Mr. Ach began with the questioning of | M. de L. Hadley, who is a director of the Enquirer and has been secretary of the corporation since it was first organized. Mr. Ach wanted to get possession of the had ordered Mr. Hadley to produce thewn in court. He soon found out that upon the day that the suit brought by Mr. Col- | lins was filed President Daniels had taken possession of the books and put themy a safe deposit vault. Later in the day Daniels produced the books. This is what happened on the day the suit was brought by Mr. Collins, when President Daniels took the books out of the control of Secretary Hadley: Q.—Have you brought with you the minute- book of the corporation? A.—I have not. Q—Why not? A.—Because Mr. Daniels asked me for the books of the corporation sev- since and he now has them in his eral day: possession. Q.—Away from the office of the corpora- tion? A.—I cannot say. Q.—Did you deliver the minute-book to him? AT did. Q—Did he take it away from the office where they were usually kept? A.—Yes. Q— Whers did he take them, do - minute and stock books of the paper and | know? A.—T saw him going upstairs toward his office on the second floor with them. REFER TO COVETED BOOK. The A.—Second floor of building. Mr. that particular book? ‘memorandum? Q.—Yes, - sir. 20th. Q.—Was that after the commencement of this suit? A.—I have forgotten what date the suit was flled. b Q.—And where is it now? A.—I cannot teil you. Mr. Daniels told me that he thought he had better take the books from that safe and put them in a safe deposit vault. Q.—At the time that he took that minute- book frem your custody as secretary of the corporation did he take any other books so far as you know? A.—Yes, he tcok the stock cer- tificate book and the by-laws book. Q.—Do you know where they are? not. Q.—Has he ever returned them to you from the time he took them? A.—He has not. Commissioher—Secund floor of what? the Oakland Enquirer Ach—When was it he asked you for A.—Can I refer to a A. (after referring)—January A—T do Q.—Did he give you a receipt for either ur | any of those books? A.—No; but after he told me that he would put them in a safe deposit vault he said that he would give me a receipt for the books, DANIELS TAKES THE STAND. The unsuccessful effort to get the books through Mr. Hadley closed the morning’s proceedings, and in the afternoon G. B. Daniels took the stand. Mr. Daniels pro- duced the minute book of the corporation, and then followed an active fight between the attorneys over the possession of the volume. Mr. Ach tried to get it into the possession of the Court Commissioner, but failed. The contest was an active one and during it Court Commissioner Bab- cock took umbrage and threatened to quit. When the books were produced Attorney Hill, representing Daniels, said: Now, if it is understood they are to be identified by the attorneys, the same as be- CHARTER - SECTION - INVALID Superfiéo—rsMust - Name Justices’ | ork. | Tudge Cook Gives the Grand _Jl_lry His Opinion. Says Successor to Williams Has Not Been Legally Appointed. | Superior Judge Carroll Cook yesterday i | gave the Grand Jury the benefit of his ad. | vice on the questions involved in the Jus- | Hices’ clerk tangle at the request of that | body. The weight of his judicial opinion | serves to settle Powell Fredrick more | firmly in his position, at least as a tem- | porary appointee, and to crush the pre= | tensions of the Justices of the Peace to | the possession of the power to appoint & | successor to E. W. Williams. | Judge Cook holds that the charter pro- | vision relative to the appointment of the | Justices’ clerk is unconstitutional, and | that the vacancy caused by Willlams' res- | ignation must be filled in the manner pre- | scribed by the State law, namely, tem- | porary appointment by the Mayor and | confirmation or permanent appointment | by the Supervisors. Judge Cook refused to administer any rebuke to Mayor Schmitz for the tone of his letter to the Grand Jury. He stated, | however, that he failed to find any evi- | dence of willful or corrupt misconduct on | the part of the Justices of the Peace on which action by the Grand Jury could be based. The opinion, read by Judge Cook, was as follows: Gentlemen of the Grand Jury: Your request for an instruction as to the law relative to the matters contained in the communication &rmm Mayor Schmitz, just handed to me by | you, has, to a certain extent, been anticipated, | otherwise I would not be able at | to give you such instructions. | presiding Judge this court | since recelved a commu: this time as days 1 myseit, several | cation from | torney of the court calling my atten.sa to the | fact that such a communication had becn sent to you. As the result of such communication I | have thoroughly examined the statutes and de- cisions of our Supreme Court touching tha question in issue, and am prepared at this time to give you the instruction that you request. Cannot Act on Riordan’s Letter. The communication which I have just re- terred to—received from Attorney Riordan— | does not,” however, call upon me for any ac- | tion, as I cannot act officially until matters of that scrt are presented in the form of affi- davits. Your request, however, coming as it does In open court and ouficially from you as an official body, calls upen me to declare the law In the premises, a duty devolving upom me, not only by the statute of this State, but | aiso by the constitution thereot. Our Supreme Court in the matter of Tyler, 64 California, page 433, I speaking of am attorney of the court who had sent a communi- cation to & Grand Jury then sitting, says that | any citizen has the right to call the attention | of the Grand Jury to the fact that in his opin- fon a crime has been committed and request the Grand Jury to subpena witnesses and ex- | amine into the accusations made by him, No citizen, however, or no officlal, has the right to attempt to instruct the Grand Jury | as to the law which should govern ‘hem, ex- | cepting the District Attorney and the court. I am satisfled, however, that whatever is stated in the communication from Mayor Schmitz just presented to me by you, which attempts to define to you the law governing the matters called to your attention, was stated | by him without any Intention on his part to do anything which he had not the right to do. Under section 925 of the Penal Code it is provided that the Grand Jury may, at ail times, ask the advice of the court, or tae Judge thereof, or of the District Attorney. And it is further provided by that section that the District Attorney of the county may at ail times appear before the Grand Jury for the purpose of giving information sav.ce rela- tive to any matter cognizabls by ‘hum. Treating the communication of th: sayor as a communication calling to your att-ition the violation of some laws and requesting your action thereon, I will proceed, at your request, an at- Continued on Page Seven. Continued on Page Two.