The San Francisco Call. Newspaper, February 8, 1902, Page 2

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THE RA FRANCISCO C ’ ALL, SATURDAY, FEBRUARY 8, 190z ADVERTISEMENTS. ALWAYS ASK FOR WALTER BAKERS (0COA£2CHOCOLATE - LOOK AT THE LABELS - PURE-DELICIOUS-NUTRITIOUS ESTABLISHED 1780 WALTER BAKER & CO. fimited. ~% DORCHESTER,MASS. THREE GOLD MEDALS PAN-AMERICAN EXPOSITION CHARTER SECTION INVALID Continued From Page One to you the law relative to ihe propo- ns advanced therein. Grand Jury Has Jurisdiction. e first proposition conmtained in said com- munication refers to the aclidx of (ne Jus- tices of the Peace in selocting a chiel clerk of the Jus * Court of this city and county, and s 758 to 772 of the Penal Code are | referred to as being the sections under which you are asked to proceed. Section 758 of that rovidés as follows: tion in writing against any dis- | township or municipal officer for rrupt misconduct in office may resented by the Grand Jury of the county wh'ch the officer accused is elected the State constitution, and under it all other than those named in sectiun Penal Code, are liable to impeach- r liable to be tried for misconduct in . and if found guilty removed therefrom. constitutionai provision just referred o reads All other civil officers shall be tried for i 1 | | | { | | | | | | misdemeanor in office in such manner as the provide.” to which I have just referred, “The Governor, Lieutenant Section provides that Governor, Secretary of State, Controller, Treas- ure; 5 Attorney . A General, Burveyor General, ciate Justice of the Supreme | % ol the Superior Courts are liable to impeachment for any misdemeanor in | office."” And it is provided by the succeeding sec- | tions of that chapter of the code that all imi- peachments must be at the bar of the Senate of the State. A Justice of the Peace, the provisions of section just referred to, does, in my opinion, come within the provisions of section 758, Therefore, if from any investi- gation that you can make, you should find that the Justices of the Peace of this city and cou or any of them, have or has been ui! f ‘willful or ot coming within ¥ corrupt’ misconduct in of- | you may present an accusation against | him’ therefor. Such accusation must | the offense charged in ordinary concise sage and withiout repetition. No Willful Misconduct. I cannot 1ind, however, in the communication from Mayor Schmitz that you have just hand- €d 1o me any fact stated which in any way, in utes any willful or corrupt office relative to the appoint- of the Justices’ Court, which later on, charge®-one Joseph th having usurped an office, and therefore liable to criminal prosecution, which, of course, as is stated by Mayor Schmitz him. self his communication, is under section of the Penal Code but a misdemeanor, over which neither you mor the Superior Court has Surisdiction. The reason why I state to you that it is my that nothing in the communication, ! Schmitz shows any willtul or corrlipt | duct in office is this: The Mayor's | that it does constitute such miscon- office scems to be based upon his con- n of the jaw relative to the power of | ing o successor to Mr Willtams. the | T e Justices’ Court. The Mayor pon this matter and the Jus- | % of the Peace evidently hold another. It | . apparently a clear difference of | oy ] jon of law rather than | any or corrudt misconduct in office. | | | I do not know that I a called upon to de- cide whether the Mayor's views as to his power to appoint a successor to Mr. Williams | are corvect or mot. 1 have, however, care. fully examined the argument advanced in th communication, and from such examination. 4 with an examination of the constitu- | the State, the statutes of the State harter of this city and county and the one of our Supreme Court, and from such | ination my opinion is that neither of the | contending parties are correct in their Inter. | pretation of the law applicable to the sub. ject. The eontention of the Mayor is that | chapter 7, section 1, of the charter, controls | the office of clerk of Justices' Courts of this | city and coun In the case of The People | Ve Cobb, 133 California, decided last April, | our Supreme Court held that clty Justices of | the Peace were 2 part of the judicial system | | { | of the State. In the case of The People vs. Toal, 83 California, affirmed in the case Minor, California, 2064, the Supreme Court | at length reviews the force and effect of muni- cipal charters. Charter Provision Invalid. Judge Cook quoted at length from this decision, which concludes as follows: The provision of that section, that the char- ters autborized thereby o be framed and adopted must be “‘consistent with and subject 10 the constitution and laws of this State’ makes it clear that nothing of the kind was intended. A provision in a charter, adopted by mere resolution of approval and not by law, establishing inferior courts and giving them jurisdiction is clearly in_conflict with the co: stituticral provisions above referred to pr viding kow courts shall be established and | given jrrisdiction. | Continuing Judge Cook said: The section of the charter in question im- | poses a duty upon the Justices of the Peace | and a resvonsibility not imposed upon them by law, for it reads “They shall appoint a chief clerk, who shall hold office for two years,” etc. Subsequent to the decision of the Suprem-~ Coust in the case of The People vs. Toal just quoted, the people of the State adopted an | amendment to the constitution, known as sec- | tion 8%, ‘article 11, which gave cities or citles and counties the right to establish Police courts. and provided for the duties and respon. sibilities of the Judges thereof. Justices” courts are not Police courts. Jus- tices’ courts are courts deriving their exist- ence from the constitution of the State. The very fact that Police courts only wre included in section 8% is conclusive to my mind of the intention of the people not to permit Justices courts to be in any way created by the char- ter or to permit duties to be imposed by the charter upon the Judges of such courts. The expression of the one is the exclusion of the other. The Justices' courts being nome of the courts enumerated in the constitution of the State must derive fts Jurisdiction and all of the powers and dutles of its Judges, under the o | flx’l;m in the case of The Peonie . duties of a Justice of the Peace of a city and county, prescribed by law to be fully provided for by section 86 of the Code of Civil Pro- . which rcads as follows: * Supervisors Must Appoint. ““The Supervisors of such city and ‘county shall appoint a Justices' clerk, on the written nomination and recommendation of said Jus- tices or a majority of them, who shall holl office for two years, and until his successor Js in like manner appointed and qualified. Said Justicos’ clerk shall take the constitutional oath of of and zive bond in the sum of ‘the “Zatthtul discharge of the du- I | Justices’ clerk and deputy ties of his office, and in the same manner as is or may be required of other officers of such city and county. A new or additional bond may be required by the Supervisors of such city and county and in such amount as may be fixed by said Supervisors whenever they may deem it necessary. The Justices' clerk shail bave authority to appoint two deputy clerks, for whose acts he shall be responsible on his official bond, the said deputy clerks to hoJd office during the pleasure of said clerk. Said shall thority to administer oaths and take and cx tify affidavits in any action, suit or proceed- ing in said Justices court.” As I understand the situation, Mr. Willlams, | the former clerk of the Justices' Court, was originally elected the Board of Supervisors of this city and couniy to such office on th written recommendation of the Justices of the Peace of this and actedeunder section 86 the Cod: vil_Procedure. After the rter went into effect this section of the Code of Civil Procedure seems to have been considered as inapplicable, and the Justices of the Peace proceeded under section 1 of chap- | ter 7 of the charter to elect a clerk, who under that provision of the charter would hold of- fice without bonds and would have the right to appoint five deputies instead of two, and reappointed Mr. Williams to the office; and subsequently, after he had held such office for two years he was again appointed by such Justices and thereafter suspended by the Mayor and subsequently of Temporary Appointment by Mayor. From my interpretation of the law both ap- pointments of Mr. Williams as clerk by Justices of the Peace were void, and at the time of his resignation he was holding office, under his original election by the Board of Supervisors on the written recommendation of the Justices of the Peace, his successor never having been legally electéd or qualified, i. he never having been legally appointed his OWn successor. All officers elected or a; pointed to an office for a definite term are also appointed or elected to hold such office until a successor has been legally elected or appointed and qualified. Mr. Williams having now resigned the of- fice, as contended by the Mayor, or having been removed from office, as contended by the Justices of the Peace, has ceased to hold such office and has ceased to be the clerk of the Justices’ Court. An appointive office with a fixed term cannot be terminated at the will | of the appointing power. No provision of the | statute authorizing his removal by the Jus- tices of the Peace has been called to my at- tention, therefore I 'am not able to say that he existing vacancy arose from the action of such Justices in declaring the office vacant. It is clear, however, under my view of the law, that no successor to Mr. ‘Williams was appointed by the Board | of Supervisors of this city and coun- |ty on a written recommendation of he Justices of the Peace in 1900, aor in 1902, and that, therefore, it is tho duty of the present Board of Super- visors, on the written recommenda- tien of the Justices of the Peace, to eppoint a Clerk of the Justices’ Court | under the provisions of secticn 86 of the Code of Civil Procedure of this State above referred to. In the in- terim and pending the action of suci | Board of Supervisors, my opinion is that the office. must be filled in tle | manner.provided by law for the fill- ing of vacancies in an office created by statute, and does not rest with Justices of the Peace, but such ap- pointment by the Mayor can only be a temporary appointment, holding until the Supervisors act in the premises. I can find nothing in the statutes of the State which _authorize the Justices of the Peace to do more than recommend to the Beord of Supervisors a person to be elected by them to the office. On the other hand, if the clerk of the Jus- tices' Court holds his office by virtue of the charter provisions and not by virtue of sec- tion 86 of the Code of Civil Procedure, then and in that case a vacancy existing in the of- | fice, whether it be through the resignation or through the removal by the Justices, is a va- cancy which must be filled in the manner prescribed by the charter. From this, gentiemen, you will see that ther may exist an honest difference of opin- jon between the Mayor and Justices of the Peace, and that therefore such Justices can- not be said, from the aecrions mentioned in this communication, to be gullty of willful and corrupt misconduct in office, and until the matter be settled in a proper proceeding as to which of these contentions is correct, no mal- | feasance in office growing out of the holding of such opinion can be attributed to the par- ties holding the same. LOCOMOTIVE AND FORWARD CARS LEAVE THE, RAILS Southbound Oregon Express Barely Escapes Serious Disaster at Hornbrook. REDDING, Feb. 7.—The locomotive, ex- press car and mail car of the southbound Oregon express left the track at Horn- brook, Siskiyou County, early this morn- ing, but neither engine nor cars turned over and no one was injured. The -train was pulling into Hornbrook when the wheels of the locomotive and forward cars left the wet and slippery rails and jolted over the ties, tearing up the track bed. After the engineer closed his throt- tle he and the fireman jumped. The derailed cars were not damaged, but there was a four hours' delay to traffic. i e s vy Father Sees His Son Injured. OGDEN, Utah, Feb. 7.—Ora Dykman, aged 19 years, was probably fatally in- Jjured to-day at Smith’'s mattress factory, where he was employed. In some unac- countable manner the young man was caught in the machinery. In an instant his arm was torn from his body and he was otherwise badly mangled. Dykman's father, who is also employed at the fac- tory, was a horrified witness of the ac- cident. —_—————— To Cure*Grip in Two Days. Laxative Bromo-Quinine removes the cause. E. W. Grove’s signature on every box. . own motion resigned. | -~ BIYS AST WATERSHED Twenty Thousand Acres of Land Changes Owners. Transfer Includes Waters of Coyote Creek and Its | Tributaries. | Purchasers Are Believed to Be Capi- talists Interested in Santa Clara County Railway Project. Special Dispatch to 'The Call. SAN JOSE, Feb. 7.—That some large syndicate has obtained control of the Coyotz watershed in the southern end of Santa Clara County is evident from the many transfers of real estate filed in the | County Recorder’s office here to-day. ‘Worty-four documents were placed on rec— ord, covering between 15,000 and 20, | acres “°of lana. . The price of the land is not given, but the Teve | nue stamps show a valuation of $375,- 000. It is said that nearly $500,000 was in- | volved in the transaction. Most of the | property has been transferred to Alexan- | der F. Morrison, who is a member of the |law firm of Morrison & Cope of San Fran- | cisco, and it is believed this gentleman is | representing some large Eastern syndi- ate. | For a year past George T. Dunlap of | Gilroy has been purchasing land in the Coyote watershed for some company un- known. Several streams converge vntb Coyote Creek in the vicinity of Gilroy, forming . a perfect watershed, and the deeds riled to-day cover these streams. The tracts transferred cover a territory | twenty-five or thirty miles in length and spreading from a mnarrow strip at the west to twenty miles in width as the lands follow the ‘windings of the Coyote and its tributaries. Impounding Dam to Be Built. Twelve miles northeast of Gilroy the watershed narrows down to the course of the Coyote, and here surveys have been made for an immense impounding dam. By obtaining possession of the land the promoters have now gained control of an immense water power. Just who is back of the scheme to divert the waters of the Coyote to commercial purposes is unknown. George T. Dunlap transfers the land to A. F. Morrison aud | the latter is undoubtedly the agent of a | syndicate. The largest transfer is one of 300 acres from F. A. Hyde to Morrison, and the Headlight Investment Company | of Nevada_ sells 570 acres to Morrison. | The Headlight Investment Company was organized by Dunlap in Nevada in July, 1900. It has a capital stock of $1000. The directors are: .J. D. Torreyson, T. R. | Hofer and Ed J. Walsh. When Dunlap first began to purchase the land on the C Headlight Company, but it is hardly like- ly that company has anything to do with the water power project, as it in turn is transferring land to Morrison. Power for Electric Railways. For many years the advantages of the water power of the Coyote watershed have been recognized, but, although sev- eral syndicates have investigated them, nothing was done until Dunlap took up the proposition. Just what use will be made of the water is not known. It is believed a big power plant will be erected. A short time ago Dunlap petitioned the Board of Supervisors for franchises for five electric railways radiating from this city. More than 100 miles ol railway is included in the franchises, and it may be | that the syndicate that has bought the | watershed is interested in the railways. The franchises were awarded to Dunlap, | but are now tied up in court by an ac- tion brought by Myron Wolf, who claimed his bids for some of the franchises were | higher than those of Dunlap. “RING OF GAMBLERS” | PLAYING A LAST CARD Tyer Smith, Known All Over ihe West, Is Dying in Denver. DENVER, Feb. 7.—Lying alone in a lit- tle room furnished by friends at the Brunswick Hotel, Dyer S. Smith, once the “king gambler” of the West, is dying. Not until yesterday was it known that the man who was once the star gambler of Chicago and all Western cities was facing death. ‘Within the past two years Smith has gradually been playing a losing game and disease had fastened on him. e came to Colorado a sufferer from diabetes and has grown worse rapidly until it is now enly a question of days when death will come to_him. Twenty years ago Dyer Smith was the best known name among the gambling fraternity from New York to San Fran- cisco. It was in Chicago and San Fran- ¢fsco that he made his greatest winnings. He broke more banks ‘and gambling houses and made higher runs than any other “knight of the green table.” He was known to every police captain and detective in San Francisco. Smith fre- quently came through Denver, stopped here only a short time and played very little ———— OF INTEREST TO PEOPLE OF THE PACIFIC COAST Changes Made in the Postal Service and More New Pensions Granted. WASHINGTON, Feb. 7.—The Postoffice Department to-day announced the follow-— ing: Postmasters commissioned: Califor- nia—Hiram F. Crum, Dana; John A. Mad- dox, Miller. Appointed: Washington— Lucreda. McKay, Marshall, Spokane County, vice Bird Brawder, resigned. These pensions were granted: Califor- nia: Original—David _C. Montgomery, Lompoc, $; C. John McCarter, Vallejo, $6; John Springer, San Francisco, $6; Alba G. Robinson, Scotia, $6. Increase—Miles V. Rogers, Healdsburg, $8. Mexican war —James Marion Ballard, Graniteville, $12; Rodblphus B. Hall, Trask, $12; Ambrose Gessler, Plymouth,'$12; James H. Thorp Fresno, §12. Widows—Sarah A, Messe; smith, San Francisco, $8; Sarah E. Ellio, Vallejo, $8. Oregon: _ Original—John Cruthers, Eu- gene, 36. Increase—James S. Stark, Hunt- ington, $10; Willlam K. Hicks, Wood- purn, $12. Mexiean war—Silas Hawk, Med- ord, | Washington: Original—Walter Wilber, l\f'orlsrl?ort, $6: Willlam L. Wilkins, Seat- tle, $12, MARIA HALPIN DIES AFTER LONG SUFFERING Woman Whose Name Was Prominent in a Cleveland Campaign Passes Away. EW YORK, Feb. 7.—Maria Halpin-is dead and so correct was her life in New Rochelle, where she lived many years and died, that many of her nearest neighbors had forgotten or had not heard the story of 1884, which stirred the nation and figured so largely in the campaign that preceded the election of Grover Cleveland to the Presidency of the United States. In a neat frame'cottage on Hudson street in Westchestertown she died on Thursday, after weeks of suffering from | pneumonia, and almost the last thing she | did was to beckon her husband, Wallaw Hunt, to her bedside and say: “Do not let my funeral be too public. 1 do not want strangers to come and gaze on my face. Let everxthing be very quiet, Let me rest.” % BRSO LONDON, Feb. 7.—The statement of the Board of Trade for the month of January shows an increase of £4,113,800 in imports and a de- crease of £409.000 in exvorts, N yote he transferred some of it to the | but | e e e SYNDIGATE [oAOTHER'S quEST RECALLS TRAGEDY Man Missing for Thirty Years a Victin¥ of Outlaws, Dr. Gardinier of Lake County Devotes a Lifetime to Futile Search. Special Dispatch to The Call. BAKERSFIELD, Feb. 7.—Dr. Gardinier, an aged resident of Lake County, arrived in Bakersfield yesterday on a quest which is developing into a story as interesting and as strange as those found in the pages of fiction. For more than thirty vears he has endeavored to learn the Wwhereabouts of a missing brother if alive, or, if the brother be dead, to gather some information as to his last days on earth. The missing man was J. H. Gardinier, and his strange disappearance was closely connected with a battle between horse thieves and the peace officers of Kern County, which occurred in the hills west of Cummingy Valley in the spring of 1870. Gardinier left his home in New York In the '60's, and was last heard from at Calaveras City, Tuolumne County. From there he wrote a letter to his mother and sisters at home, conveying the news that he had disposed of some stock and was about to start for Arizona. That was the last ever heard of him. Dr. Gardinier has not given up hope that he may some time find his missing rélelative, or at least locate his last resting place. Three months after the date of the let- ter word came to the Sheriff's office of this county that two horse thieves were making their way southward with stolen animals. W. H. Coons was then Sheriff, and he deputized W. J. Yoakum, who was later hanged here for murder, to hunt down fhe thieves. Yoakum took with him David McKenzie. Webster Heath, W. H. Uhrie, a man named Lamott and others of the frontier type. After traveling some days the posse located the thieves asleep on a flat west of Cummings Valley, with the stolen horses staked out about them. The posse crept up close to the uncon- sclous men and when they were awak- ened a fight ensued. McKenzie and one of the thieves were badly wounded. The other thief made his escape. The wound- ed man was captured, and when searched a gold watch on which was engraved ‘J. H. G.” was found, as well as a diary with the name “J. H. Gardinler” written on the flyleaf. The outlaw insisted that he was Gardinler, but it was later learned that he was not. The captive was put upon a horse and started down the mountain trail to Tejon. On the way the animal stumbled and so crushed the wounded man that he died within a few moments. Dr. Gardinier learned of this border in- cident, and since that time he has been searching throughout California -for his lost brother. It is generally believed here that the horse thieves had started from Placerville with Gardinier and murdered him for his money on the way to Cum- mings Valley. CROCKER WILL BE PAID PRO RATA WITH CREDITORS Judges in New York Render a De- cision in Stockbroker Assign- ment Case. NEW YORK, Feb. 7.—The appecllate di- vision of the Supreme Court to-day hand- ed down a decision reversing an order by Justice MacLean in the matter of the general assignment of Price, McCormick & Co. with regard to the claim of George Crocker. Price, McCormick & Co., stock- &ggkers, made an assignment on May 24, The petitioner, George Crocker, was a special partner and also a customer of the firm. On the day of the failure he ap. eared on the books as owing the firm 114811 99. The firm, however, had 725 shares of Minneapolis and St. Louis rail- road stock belonging to him which had been pledged to various brokers. The proceedings in question have to do with Crocker's claim against the firm. George Kives took proof as referee and Justice MacLean confirmed his report. In this report Rives found that Crocker was not entitled to share pro rata with other creditors of the firm. The appellate division now reverses this order and directs that the petitioners’ ap- Elicatlon be granted to the extent that he e paid pro rata with other creditors by the assignee. TWENTY-FIVE MILLIONS IN SECOND SUPPLY BILL President Authorized to Include Temporary War Clerks in the Civil Service. ‘WASHINGTON, Feb. 7.—The House to- day passed the legislative, executive and judicial appropriation bill, the second of the regular supply bills. As passed it car- ries $25,171,989, which is $503,721 in excess of the current law. Only two amendments of importance were adopted. One pro- vides for a_commission to redistrict the legislative districts of Oklahoma and the other authorizes. the President, in his dis- cretion, to cover in the cigil service the temporary clerical force employed on ac- count of the war with Spain. By the terms of the amendment the President must place all or none of them under the civil service. ' The Philippine tariff bill was taken up early in the Senate to-day. The session was notably quiet. Turner of Washington delivered a speech on the general Philip- pine question and had not concluded when the bill was laid aside for the day. After the adoption of only minor amendments the pension appropriation bill was passed early in the session. el G TELEGRAPH NEWS, PORTLAND, Gr., Feb. upon the Upper Columbia River has been broken, and to-morrow steamboat traffic will be resumed. DR. BROWN LECTURES—Dr. Elijah P. Brown, editor of the Ram’'s Horn, Chicago, gave & humorous and entertaining lecture last night at the Y. M. C. A. on "In the Spectacle Business.” ANNAPOLIS, Md, Feb. 7.—The House of Delegates, under a suspension of the rules, to- day passed the Senate bill appropriating $3000 to place a bronze bust of Rear Admiral Schley in the State building here. LECTURES ON SPAIN.—Henry Payot gave a most interesting lecture last night before tha Ohio Soclety on “The Land of the Castanet: which was vividly illustrated %with an excel- lent set of stereopticon views, PORTLAND, Or., Feb, 7.—The fire on the steamship Indravelll was practically extin- guished to-day and {t is expected that the hatches can be removed to-morrow morning without danger of an outbreak. FOURTH PASMORE CONCERT.—The fourth Pasmore concert was held last even- ing in the Maple Room of the Palace Hotel. The concert was given in aid of the Protestant Episcopal Old Ladles’ Home. The affair was largely attended and proved a great success, STANFORD UNIVERSITY, Feb, 7.—Dr. W. F. Snow, formerly Instructor in hygiene and physiology, will return to the university next semester, d will be acting head of the de- partment of hygiene. Dr. Snow has been do- ing advance work at the Johns Hopkins Uni- Yersity during the past year. . po . Disfigured Skin Wasted muscles and decaying bones, ‘What havoc! Scrofula, let alone, is capable of all that, and more. It is commonly marked by bunches in the' neck, inflammations in the eyes, dys- pefuh, catarrh, and general debility. t is always radically and anently B y perm: Hood’s Sarsaparilla Which expels all humors, cures ail erup- tions, and builds up the whole system, ‘whether young or old. Hood’s Pills cure liver fils: the non-rritating and Saly cathartlo to take with Hood's Sarsaparilla. ‘The ice blockade PAINE’S CELERY- COMPOUND. MEN OF PERFECT NERVES Paine’s Celeryr Compound SteadigJ the v That Run the Great - Pa,f,"efjg er Trains. Hands HEN disease attacks the ner- vous system, the symptoms that at once manifest themselves differ in different persons. When the intricate and wonderful nervous sys- tem is in perfect condition, no man or woman is sick, except from infectious disease. Sleeplessness, dyspepsia, rheumatism, most of the weaknesses and ailments that exhibit themselves in different ways in men and women are now ‘known to be only the local symptoms of the beginning of a diseased nervous system. 4 It is no more possible to cure these afflictions by superficial treatment than it is to dam the Mississippi by a bar of sand. The only effective cure for these diseases is the repair of nervous tissues ! It has been absolutely proven that Paine’s Celery Compound cures ner- yous exhaustion ‘in every aggravating form, as no other remedy in the world can, or does. In fact, it was by the gent advice of the ablest medical uthorities in this country that this now tamous remedy was first put upon tl;e market within the reach of all peo- ple. No other remedy is today or ever has been openly and publicly endorsed by medical authorities. And Paine’s C’;lcry Compound is in no sense a pat- ent medicine. From the very first its formula was, and it is today, freely fur- nished to physicians in good standing anywhere. No man or woman whose nervous system is not in perfectly healthy con- dition can properly perform the work that is his or hers to do. No persén with shattered nerves can run ihe race of life in competition with the hcalthy man. While this is true in every call- ing, there is mo better example than the case of the engineers who guide the passenger trains on the railroads. And it is true that no one class of work- men furnishes a better example of what Paine’s Celery Compound can accomplish than the railroad engineers of America. They rely only ugon this one remedy to supply the tissues that their nerve-racking fask exhausts. It was with the sanction of the authori- ties of the great New York Central | Railroad that W. H. Raymond, the engineer who runs the famous Empire | State Express, gave the following testi AND THEIR MEDICINE. The Nerves Control and Determine the Health of Every Function of Brain and Body. monial for the benefit of the thousands of workmen in every calling who, n a remedy ‘that will restore nervous en- er; a}.'nd urify the bloed, and make and keep !,:zm well: “An_engineer on a fast passenger train feels a constant physical strain and tension on his whole nervous sys- tem, perhaps, as much as any one else in the world. After'f(_)rty years’ ex- perience that is my opinion. “For eight years I have been one of the two engineers of the "Empire State Express,’” on the New York Centra & Hudson River Railroad, runmfi' e- tween New Ycrk and Albany. is is the fastest passenger train on the American Continent. “I have to be thankiul for a good constitution to begin with, which has enabled me to keep up this work for the long time I have been engaged im it. There have been times, however, when I have feit run down or worn out, and needed a tomic to brace me for my work. “I have taken Paine's Celery Com- pound to do this work for me and it is simple justice to say that it has done the work well. Painc’s Celery Com- pound has dcne me no end of good. I tock it because I had heard it spoken of as the best medicine sold anywhere, good for those who suffer from brain fag, from the depletion of the system from any cause, aud for those who are building up after sickness. “What I had heard of it proved to be true in my case and I do not hesitate to recommend Paine’s Celery Com- pound for a nerve-building or force- building medicine. I have taken more of it than of all other medicines for the last twenty vears. It has dome the work for me 2nd I feel sure it will do it for any one else. “W. H. RAYMOND.” New Yo-k, Nov. 10, 1001. ADMIRAL SAMPSON'S CONDITION IS CRITICAL, BUT THERE IS NO ABATEMENT IN CONTROVERSY ‘WASHINGTON, Feb. 7.—Alarming ru- mors were afloat here to-day to the effect that Admiral Sampson had taken a seri- ous turn for the worse within the last twenty-four hours. Inquiries ,at the Sampson residence and of the naval phy- gicians developed that there has been no decided change in the admiral’'s condition, but that a steady retrogression is in pro- gress which is common to his disease. It was stated authoritatively later in the day that what had been used as a basis for the reports of a serious change for the worse in the condition of Ad- miral Sampson was a slight attack of indigestion, which caused no alarm among those nearest him, but which confined him to his room and bed for several days. Moreover, it was stated that Admiral Sampson’s condition was improved to-day and that he appears brighter than for some time past. However, it has been stated that Admiral Sampson's general condition is such as to give some basis to the ever-recurring bad reports. Yet at present, it is said, absolutely no forecast of the end of the fight his vitality is ‘waging can be made. Sampson’s Retirement. Secretary Long to-day issued the fol- lowing order regarding the retirement of Rear Admiral Sampson: Navy Department, WASHINGTON, Feb. 7, 1802. Sir: In notifying you of your retirement, the department, recognizing your services and deeply sympathizing with you in your impaired health, quotes with pleasure the following let- ter from the late President McKinley: “WASHINGTON, March 3, 1899, “My Dear Sir: Iam in receiot of your very considerate letter of the 9th inst., in which you express a desire that, without reference to your interests, the other naval officers who rendered such conspicuous service in the naval campalgn in the West Indies may have the ad- vancement which you recommend for them and in which you ask nothing for vourself. [ highly commend this disinterested action on your part. Let me assure you that I have the highest appreciation of your services as com- mander in chiet of the Atlantic naval forces during the Spanish war in blockading Cube, co-operating with the army, directing the movements of the great number of vessels un- der your orders, and at last after the most ef- effective preparation consummating with the gallant officers and men under your command the destruction of the Spanish fleet. It was in racognition of your gervices and of your great skill that I recommend you to the Senate for the advancement which You had_earned. Very truly yours, WILLIAM McKINLEY. “‘Rear Admiral Willlam T. Sampson, U. §. N., Commander in Chief United States Naval Forces, North Atlantic Station, U. S. Flagship New York, Havana, Cuba.” Very respecttully, JOHN D. LONG. Secretary. Rear Admiral William T. Sampson, U. S. 163 New Hampshire avenue, Washington, D. Attorneys File a Brief. E. 8. Theall, representing Stayto: Campbell and Theall, counse{ for Kdn?irt] Sampson, to-day filed the following briet with _President Roosevelt, protesting against the claims” set up in Admiral Schiey's agpeal that be was in supreme command during the battle off Santiago: 30 Broad Street. NEW YORK, Feb. 6. Hon. Theodore Roosevelt, President of United States—Sir: We Beg leave us Cattar neys f Rear ral . 'T. Sampson on his benalf to submit the following state: ment In connection with the position of Rear Admiral W. . Schley, asking relief from his condemnation as reported by a court of in- uiry and approved by the Secretary of the avy. No argument will be submitted as to the | volunteered opinion of the presiding member of the court upon the question of command at Santiago. We repeatedly applied for an opportunity to present evidence upon this point to the court and our request was as often refused, and we are confident that an attempt to pronounce an adverse judgment where a hearing has been denied is so plain a viola- tion of simple good faith that it has no chance of receivis your approval. We were ready then and are still ready to produce much evi- | dénce which was not offered before the court on this question. We are prepared to show that the statement that'the New Yrk at the beginning of the battle “‘was out of sight of each and every ship of the blockading squad- | ron but one” is inaccurate. We are ready to show that under the navy regulations and the judicial interpretations thereof, Rear Admiral Sampson was during the battle in command of every single vesse] | in the American line. There is testimony available to show t beginning of the battle every American vessel at Santiago was in sight of the New York. There is evidence at hand, both record and oral, to show that whenevér the commander- in-chief left the blockading line in front of Santiago he hoisted the signal “‘Disregard movements of commander-in-chief,” proceeded to the point where, under the regulations, his immediate command of the squadron ceased, and then signalled to the next in rank to take command; and that on the morning of Juiy 3 the commander-in-chief had given instruc- tions to*have ready for hoisting the signal directing Commodore Schley to assume com- mand; that this signal was to be hoisted when under’ the regulations the appropriate moment bad arrived; that that moment had not ar- rived and that such signal had not been hoisted when the enemy endeavored to escape from the harbor. ‘When the Shot Was Fired. From the Oregon, too, there is available evi- dence to show that when the first shot was fired the quartermaster of the n, us the long glass. could, from the position of that Vessel near the center of the line, read the New York’'s battle signals then flying. All this evidence was ready to be presented to the court of inquiry and it is ready to be presented to you. It was not admitted before the court because it refused to go into the guestion of command. Rear Admiral Sampson has never objected, and does not now object to an inquiry to detérmine the question of com- mand. He has, however, reported that he was in command at that battle. As commander- in-chief he has made his recommendations con- cerning the promotions. He has been recognize by the exscutive and judicial departments of Government as being in command and he ask: that when the accuracy of his reports is ques. tioned he at least be permitted to hear the evidence in opposition and to permit his brother officers to come forward with the evidence they are ready to give in his behalf. There is further an abundance of evidence available to establish the fact that what the applicant_now calls “the complete and total failure of the prearranged order of battie was due wholly to his own disobedience of the orders of the commander-in-chief. These or- ders were to close in and to hold the enemy at the harbor's mouth. Commodore Schiey sy understood the orders. He hoisted that very signgl, Yet when he saw the enemy ing fhat part of the line guarded by his owe vessel, he I . He withdrew from the bat- tle formation, left a line in the line, inter- fered with the Texas which would have ‘stopped the gap, and caused her to back, thereby giv- ing to ‘the enemy the double opportunity of Which they avalled themselves—to escape through the interval he had made. We. no_desire be a finding adverse to and the Navy Department’s comment. His decision in the Schley case will not be made public until- after his return from Charleston. Piles Cured Without the Knife. Itching, Blind, Bleeding or Protruding Piles, No Cure, No Pay. All druggists are authorizeq by manafacturers of Pazo Ointment to refund money where it fails to cure any case of piles, no matter of how long standing. Cures ordinary cases in six days: worst cases In fourteen days, One application gives ease and rest. Relleves itch.ng instantly. This is a new discovery, ang is the onl pile remedy sold on positive guar- antee, Do cure no pay. A free sample will be sent by matl to any one sending name and ad- dress. Price, 50c. If your druggist don’t keep it in stock send 50c in stamps and we will fors ‘ward full size box by mail. Manufactured by PARIS MEDICINE CO., St. Louis, Mo., who also manufacture the celebrated cold cure, Laxative Bromo-Quinine Tablets. £ [ | » NEW YORK, Feb. 7.—Dr. Paul ¥F. Munde, widely known in this country anl Europe as a gynecologist, died to- night at his home in this city. He was a native of Saxony. He was graduated from Harvard Medical School in 1366, served as a surgeon in the Bavarian army In the war of 1866, and distinguished him- self in the Franco-Prussian war. He was editor of the American Journal of Obste ries from 1874 to 1862, one of the founders of the Ameriean Gynecological Society, of which he was president in 1398, and a member of gynecological organizations in England and Germany. THE DAY’S DEAD. * Ralph W. Strong. LOS ANGELES, Feb. 7.—Ralph W. Strong, a young newspaper man, well known in Southern California, died to-day in the California Hospital. He went to the hospital several days ago to undergo an operation, hoping to improve his de- fective hearing. The operation resulted in the finding of an abscess in_the inner ear and inflammation of the brain soon developed. Strong came here from Chi- cago. P e St Thomas Sidney Cooper. LONDON, Feb. 7.—Thomas Sidney | Cooper, the painter, who had exhibited at the Royal Academy for sixty-seven con- secutive years, died to-day at his resi- dence, Vernon Holme, Harbledown, the spot near Canterbury immortalized by Chaucer. Cooper, who was the oldest academician, had been ili for some time. He was born in 1803, — George Bloch. SANTA ROSA, Feb. 7.—Gsorge Bloch, the famous chef of the old Poodle Dog restaurant of San Francisco m early da died at his home in Dry Creek yester day at 2 o'clock. He was a_native of France and was 73 years old. He h en a resident of Dry Creek for thir 0 years. He came to Calfornia in 155 s Acsory Vice Admiral Mmtojo. t by the President, the courts or the partment, that he be given the op which has been given to Admiral Sei resent such evidence as ma; B the matter cleat Very remmake both sides respecteully, S ounsel tor Rear Admirel WoTs SLEEALL The President will consi connection with Admiral d!‘c’hl'my’ ke MADRID, Feb. 7.—The death is an- nounced of Vice Admira) Jose Montojo. The commander of the sh fleet at :g?:u. was Rear A Patricio Mon- —_———— MINNEAPOLIS, Feb, 7.—Fire to-day gutted the Vendome Hotel, a thre-story bufldln:.:: Fourth street. Many in the botel unv;rm h-m

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