The San Francisco Call. Newspaper, February 11, 1902, Page 9

THE SAN FRANCISCO CALL;\ TUESDAY, FEBRUARY 11, 190¢ ADVERTISEMENTS, gotten when the housekeeper views on Tuesday the snow- drift of linen that has been washed white with Ivory Soap. It floats, WOMAN TO SEEK LOST GOLD VEIN Starts on Perilous Trip to Wilds of Frozen North. 1 Dispatch to The Call. B. C., Feb. 10.—Four th of Vancouver to an settled and mountainous Chilcotin country is the upon which the plucky uver citizen has started te a number of valuable er claims which had been vears ago by her ed. The woman t adventurous trip to the is Mrs. J. Heckleton, who e of years ago accompanied the plains from the suple arrived at Asi- from there traveled Chilec country. During they prospected the surround- und gold in paying quan- up $3000 in less than rude implements cou- es. During the sum- nd dge of gold- seemed to be the h all the gold came. came out for sup- in again in the ton’s husband died paned the retura She married again ¥ nd in quest of with a map of their d without finding vs of the rock taken have been made hundred dollars Hackleton has de- nd the gold for her- ¥ creek DISCOVER NEW VOLCANO IN THE PORCELAIN BASIN Length of the Eruptions Vary From Three to Eleven Minutes at Short Intervals. Feb. 10.—Major John Pitch- rintendent of the Yel- Park, is authority for t that t ice crew of the Park _Assoclation, coming er Geyser Basin to the new ho- vser Basin, had their at- to an unexpected and en- i of volcanic action sin, and that §t had the Twentieth Century sated 131 feet east of the aches wide and 41 Its_eruptions are simi- e Constant, only about ter in volume. The length ms vary from three to eleven ervals of from one hour to ter hours. s »f th 10.—General de- argarine bill was closed ds of the bill have de- mendment to make the v to oleomargarine imi- f any shade of yellow.” rent is designed to meet the opponents of the bill that anguage the bill might be olutely prohibit the sale without this construed to of olcomargarine The speakers to-day were: Haugen, Thomas, Shallenberger, Nebraska; Dahle, Wilconsin; Gaines, Tennessee, and Lamb, Virginia, for the bill and Feeley, Tllinois; Slayden, Illinois: Mondell, Wyoming: Brantley, Georgia, and Woolf, Texas, in oposition. Sheep Dying From Starvation. DENVER, Feb. 16.—Humane Agent H. Kerr has left for a tour of the south- tern counties to investigate the re- ts about starving cattle. In Baca ty thousands of cattle on the ranges 414 to _be dying from starvation and re. The cause of the mortality is the scarcity of grags and the freez- the water holes, o Fear a Famine in India. LONDON, Feb. 10.—The Viceroy of In- irzon of Keddleston, tele- the famine outlook is very rain has fallen, and the in Gujerat. Rajpootana ia is assisting in the de- crops. The relief works v extended. What Shall We Have for Dessert? 18 stion arises in the family Let us answer it to-day. Try B. 1ous and healthful dessert. Pre- ared in two nutes. No boiling! no king ! add boiling water and set to cool. Flavors:—Lemon, Orange, Rasp- berry and Strawberry. Get a package 8t your grocers to-day. 10 cts. THROWS DISHES AT Hi5 3POUGE Divorce Suit Sequel to Breach of Promise Scandal. Speclal Dispatch to The Call. SAN JOSE, Feb. 10.—After seven months of wedded life, resulting from the filing of a $20,000 breach of promise suit, Mrs. Renee L. Hermelin to-day brought suit in the Superior Court for a divorce from Julian Hermelin. Not only this, but bonds. French soclety in this city was set agog last June by the filing of a $20,000 breach of promise suit by Mrs. Hector Lagrue against Julian Hermelin, proprietor of | the Liberty Hotel, at the corher of El Dorado and San Pedro streets. Mrs. La- grue was the widow of Hector Lagrue, a fortune of $50,000. Within a year she and Hermelin had become engaged and had signed a written agreement to marry. By the terms of this contract Mrs. Lagrue estate and in return an_interest in the hotel. Hermelin later refused to marry her and she sought reparation in the court. Before the case came to trial Hermelin changed his mind and they were wedded. In the complaint for divorce Mrs. Her- melin charges her husband with cruelty. She says that he struck her on the face with his fist and this morning threw dishes and other articles at her and drove her from her home. She alleges he was to give her s fear of her life. Mrs. Hermelin wants violence and from disposing or seques- trating her property. A permanent monthly maintenance of $7 is asked for. OF INTEREST TO PEOPLE OF THE PACIFIC COAST Several Changes Made in the Postal Service and More New Pen- sions Granted. WASHINGTON, Feb. 10.—The following postmasters were commissioned to-day: California—Eugene Don, Santa Clara; George W. Holmes, Selma. Washington—W. H. Belknap, ville. Postmasters appointed: California—N. A. Armstrong, Shafter, Kern County, vice Mamie Potter, resigned. Washington—H. L. Kirkham, Diamond, Whitman County, vice A. S. Hamiiton, removed. The gross receipts of the San Francisco Postoffice for January, 1902, were $100,982, against $97,200 in January, 190L These pensions were granted to-day: California:_Original—Ole Johnson, Fort Bragg, $8. War with Spain—Patrick J. Ford, San Francisco, $8; George Crits- man,” Soldiers’ Home, Los Angeles, $8; Sylvester Fastlick, Oro Fino, $12; George Thomas, Tulare, $10; Watson C. Atwood, Soldiers’ Home, Los Angeles, Mexican War—Asa M. Bowen, Veterahs' Home, Napa, $12; Hiram 8. Woods, Soldiers’ Home, Los Angeles, $12. Widows—Delfine F. Carrillo, Carpinteria, $8; Anna Long, Los Angeles, $. Oregon: Original—Thomas J. Warmoth, Brownsville, $; Joseph Anson, Island City, $10. Vi)’uhing!on: Original—James M. White, Spokane, $8. War with Spain—John C. Burnett, Tacoma, $5. Increase—Andrew J. Stark, New Whatcom, $10; Joseph B. Long, Wayside, $10. Widows—Martha Currington, Black Diamond, $8; Mary E. Brown, Spokane, $8; Ernestine Deutsch, Anacortes, $8. Army _ orders — Second Lieutenants George C. Marshall Jr., Thirtieth Infan- try, Dewitt W. Chamberlin, Second In- fantry, and Charles C. Hermann Jr., Third Infantry, are ordered to Columbus Barracks for duty with recruits for the Philippines via San Francisco. The following contract surgeons are or- dered to San Francisco and the Philip- ines: Harry Greenberg. from Milwau- ee, and Hubert Grieger, from South Milwaukee, Wis. Socialists Make Threats. BRUSSELS, Feb. 10.—Stringent police and military measures will be taken to counteract the Socialist demonstration to- morrow on the occasion of the commence- ment in the Chamber of Deputies of the debate on universal suffrage. The Social- ists threaten to surround the house, and an invasion of the building ie feared. All the approaches to the Chamber, ministe- Tl offices and the palace will be strongly held by troops and civil guards. el e A Three Miners Are Killed. SOUTH McALESTER, L T., Feb. 10.— This morning at 7 o'clock as three miners were descending mine No. 11 for the pur- pose of going to work the trap parted, causing the car to dash down to the end of the track. All of the occupants of the car were killed outright, one having his head severed from his body. The names of the killed are: Mike Smith, John Jack- imo and John R. Abbte. Browns- Daniels’ Commission Held Up. PHOENIX, Feb. 10.—The commission of Benjamin Daniels, twice confirmed by the United States Senate to be United States Marshal of Arizona, which had been for- warded to Chief Justice Webster Street at Phoenix for delivery to Danfels, was to-day mailed back to Washington by Justice Street, in ‘accordance with the request of the President. | and beg you to at once provide separate quar- | think WOULD IMPROVE GITY ROSPITAL Grand Jury Asks Super- visors to Take Action Immediately. Bill to Beautify Van Ness Avenue Meels With Defeat. The Grand Jury sent a communicaticn yesterday to the Board of Supervisors containing a report of its investigation of the City and County Hospital and pre- senting certain recommendatioas for the improvement of the institution. The com- munication, which was referred to the Finance Committee, says: The number of patients in the hospital is 420. There are 42 nurses and at no time are | more than 21 on duty at the same time. We | recommend that the number be increased at once in order that patients may receive proper attention. The filthy and unsanitary condition of (ke lavatories make them unfit for use by human beings, besides breeding disease. Four additioral operating rooms are needed and clectric lights are imperative, as the surgeons cannot perform operations at night without them. We picture with horror the terrible effects of a confiegration in the hospital, there being but one smail exit In the rear of the bullding. The crowning. shame of the institution nick- named by the public “hospital’” is the placing of cousumptive patients in the same room with other patients. We most earnestly recommend ters for these unfortunaies, the expense to be | en irom the emergency fund. We do not tficient provision 15 made for the hos- pital sickness increases with the growth of the city. | Supervisor Loughery Takes Seat. Robert J. Loughery, the newly appointed member of the poard, was introauced by Mayor Schmitz shortly after rhe board convened. Supervisor Loughery thanked the Mayor for his appointment and ex- pressed the hope that he would serv the people as well as had his predecesso the late Lawrence J. Dwyer. Loughery remarks were received with apbiause. Lougnery was placed on the Fire, Finance and Artificial Lights committe A communication was received {from the Fire Department notifying the board that | a medal will be presented to Frank Gor- man on February 14, at 10 a. m., for heroie conduct at a recent fire. The presentation will be made by Mayor Schmitz. The resolution directing the Board of Works to remove the canopy and furni- | ture in Sueperior Judge Dunne's cour room and to place the courtroom in the possession of the Public Library was in- definitely postponed, as Judge Dunne has moved to the Hall of Justice. Thomas 8. Malloy was appointed a clerk for a period of four months to revise the ordinances in conformity with the charter. 2 The board adopted a resolution request- ing the City Attorney to advise whether or not a dismissal of appeal is advisabie in the matter of condemnation proceed- ings for the acquisition of land for St. Mary’s Square. Grades Near China Basin. she had her husband arrested for battery | and he has been held for trial in $300 | Strect Improvement Company, favoring a well known liquor dealer, who 1eft her a|avenue between Twenty-nifith and Thir was to give Hermelin a portion of her | that she has been unable to return for her husband restrained from threatening | | tained through bodily Injury and destruc- | favor of the bill. An ordinance establishing grades on | streets bordering on the intersection of | the tide land blocks bounded by China Basin, lllinois street, Central Basin and the seawall was passed to print, The petition ot the West of Castro | maximum rate of $1 per thousand cubic | feet for gas to the end that a uniform | price be paid by all consumers, was re- | ferred to the Light Committee. Ordinances were passed to print estab- {lishing grades on Frederick street, pro- | viding for the full acceptance of "the crossing of North Point and Hyde streets and establishing the lines of San Jose ueth streets. The Olympic Salt Water Company was directed to connect two hydrants to its main at the corners of Ocean Boulevard and B street and B street and Forty- ninth avenue. The ordinance creating the positions of ashier and stock clerk in the license office at salaries respectively of $150 and | $10 was passed to print. Hugo Herzer will be appointed to the first named posi- tion by Tax Collector Smith. The ordinance setting aside $1000 to fit up election booths at the Pesthouse to accommodate patients was passed to print. The Board of Public Works was direct- ed to remove the obstructions on Howth, Louisburg and Tara streets. The claim of Santiago Uribe for $1020 50 | for damages alleged t6 have been sus- tion of property by a mob of disorderly persons was rejected. The Board of Works was directed to fit up a jury-room in the Hall of Justice for the accommodation of the criminal de- partments of the Superior Court. Parking of Van Ness Avenue. The bill authorizing the Board of Works to expend $1958 as an experiment in beau- tifying Van Ness avenue, between Bush and Pine streets, by planting trees there- on was defeated. Nirs; Robert Barnet, Mrs. J. J. Scoville an, Mrs. D. Hamden, representing the California_Club, addressed the board in Frank J. Symmes said the Merchants' Association approved the proposed improvement. Attorney Joseph Rothschild, representing a number of pro- testing property owners residing north of Bush street, opposed the plan. gupervlsor Curtis explained that the improvement was.in the nature of an experiment. Su- pervisor Wynn thought the money should be used to improve other streets that are sadly in need of it. After the vote was announced Brandenstein gave notice of re- consideration, to give several members who_were absent an opportunity to vote on the measure. Printing Firm in Trouble. Brandenstein introduced a resolution di- recting the Printing Committee to refuse to accept any bid from the firm of Phile lips, Smyth & Van Orden to perform any labor or furnish any material to this city, | tion that fi INGLESIDE WILL NOT BE OPENED Bill to Legalizs the Sell- ing of Pools Is De- feated. Superviscrs Hear Many Cit- jzens on Both Sides of Question. The Board of Supervisors yesterday re- fused to pass to print the proposed or- dinance legalizing the selling of pools on horse races within the track inclosure for a period of sixty days in any calen- Gar year. The measure was killed on ing clause, which renders it nugatory and of no effect. Comte's motion - pre- vailed by a vote of 12 in favor to 6 against, and the reopening of Ingleside, which would have followed the passage of the bill, was made impossible. Not only was the measure defeated by the decisive vote noted, but a motion to re- consider at next Monday’s meeting was lost by the same vote that killed the enacting clause, and still another motion to reconsider at once was defeated like- wise. That extraordinary interest was taken in the ordinance was evident from the unusually large crowd present in the | Supervisors' chambers. A number of clergymen of several denominations to the proposed.bill. Professional men and business men were on hand, some to urge the passage of the measure,gwhile others joined tne clergymen in their op- position. Makes Plea for the Sport. The first compromise ot the race track promoters was_demonstrated when Su- | pervisor Braunhart moved to strike out insert lieu tnereof sixty days’ and in thirty-six days’ which pool seling would be allowed. Su- pervisor Kggers seconded the motion, and Lynch, the author of the bill, accepted the amenament. i2ggers moved that the sted be glven an opportun- rd, and Brandenstein’'s mo- inutes be the lhmit for each speaker was carried. Thomas H. Williams, president of the New California Jockey Club, was tne nrst to be heard in support of the ordi- nance, Williams told o1 the efforts of his organization to put racing on an honest basis, and referred to the fact that the sport was encouraged by the titled heaas of all rope. He continued: Our enemies have charged that we intended to have unrestricted racing, and yet we have announced but 150 days instead. The new club | has increased the value of the purses and rac- { people inter ity to be h ing has in every way benefited tnrough our efiorts. sum of $600,000 was epent on In- gleside track when there was no ordinance | against racing. Max Popper has stated that the city shouid buy the track. We will sell 1t to the city, to any corporation, or to Mr. Popper | at cost and agree to give a check of $100,000 to this board to be distributed in charity. 1s | it right_to absolutely contiscate our property? 1 appeal to you as business men, is it fair to tie up $600,000? We must pay insurance, taxes and other expenses. We have received | congratulations from ex-Secretary of the Navy Whitney, August Belmont and James R. Keene for the high and honorable methods with which { we conduct our busmess. 1f it were possible | tor this board to a law_which would for- ever prohibit racing in San Francisco 1 would agree to tear down the Ingleside bulldings and turn the place into a cow pasture. Robert Duke appeared on behalf of the | Brewers' Protective Association, and said that if the ordinance was passed it would give employment to 1500 men and bring 1000 blooded horses to this _city. Duke_said that the establishing of Ingle- side had caused a village to spring pp in the suburbs. When the track S closed it threw many men out of employ- ment, causing a loss of many thousands of dollars. Duke held that the race track had been made the scapegoat of every crime, and if the track were reopened the village would spring up again. Pleads for Passage of Ordinance. Senator E. 1. Wolfe made a plea for the passage of the ordinance on behalf o6f the Golden Gate Park Drivers’ Asso- ciation. He said: The Drivers' Assoclation, composed of gen- tlemen whose respectability eannot be im. peached, request me to state that they have passed a resolution in favor of the Lynch ordi- nance. The question involved is, shall horse racing be permitted in San Francisco and shail the business men and tradesmen reap some of the benefits which it will confer? There are stablemen and hay men in the assoclation, and it the ordinance passes business will come to them. I am not here to make a plea for gam- bling, but for common sense. W. R. Pease charged the board with doing an nijustice to the Ingleside track owners by taking their property away. He sald that the taxpayers had been in- jured to the extent of millions and men- tioned that the State honors the sport by helping out the district fairs. John W. Rodgers, who was the first speaker in opposition to the bill, said: I wish to enter my emphatic protest against the proposed ordinance. It seems to me that the arguments advanced in favor of the meas- ure proceed from sordid, mercenary and welfish principles, The only conclusion to be derive is that Willlams has made a bad investment. There is & loftier principle involved than mere commercial spirit. This board has taken a manly stand in the past, and I beg of it not to recede therefrom. I register my protest against the gambling feature of the proposition and the blighting Influence it exerts. The Mayor was recently obliged to remove a city official for attending the races, and a former City Treasurer is now in San Quentin for the same reason. 1 speak for true material pros- perity. The money that €oes to the racetracks fs taken away from legitimate channels and is money that should go into savings banks. P. M. Clarkson, a property owner in the vicinity of Ingleside, pleaded for the open- ing of the track, because, he said, condi- tions would be improved thereby. George Nagle, representing the Knights of the Royal Arch, composed of wholesale and retail liquor dealers, argued that the opening of the track was a business and also declaring the firm to be an irre- sponsible bidder. Brandenstein explained that after due investigation by the Finance Committee the record showed that the firm had over- charged the city for printing transcripts on appeal in criminal cases. He also filed a_minority report as a member of the Finance Committee recommending the passage of the resolution. The majority report of the committee recommended that the City Attorney advise if any re- course could be had against the firm ox the former County Clerk, Treasurer and Auditor for the excessive charges. Wynn's motion that the resolution be considered at the next meeting was adopted. A resolution making a demand on the firm for the return of $2844 60 alleged to have been overcharged was adopts The Board of Works was requested to report{the streets from which the Market Street Railway Company has not removed abandoned tracks and restored the pave. ment to its original condition? also to re- ¥0rt why the abandoned tracks on Cali- ornia street, between Montgomery and Sansome, had not been taken up and the roadway repaved. e — MONTANA SWITCHMEN GO OUT ON A STRIKE Non-Union Men fil Take the Strik- ers’ Places and More Trouble Is Threatened. MISSOULA, Mont.,, Feb. 10.—Fifteen Northern Pacific switchmen to-day went on strike here, and the trouble threatens to become general. The men refused a road engine for switching. It is said the superintendent promised to meet the and adjust the differences, but ta.ne«;n ‘:g Pm in an appearance at the time stipu- ated and the switchmen walked out. To- night it is reported that non-union men are coming from Helena to take the places of the strikers, and there is cone siderable excitement. ‘Whatever Others May Say, the fact that 120,359 cases G. H. MUMM'S EXTRA DRY were imported in 1901, or nearly 60,000 more than any other brand, speaks volumes for its unsurpassed qual- ity. New importations are very dry, deli- cate, and breedy, and immense reserves guarantee maintenance of quality. . proposition in which a large number of men were interested. Clergymen Oppose Ordinance. Rev. J. S. Thomas requested that the resolution passed by the Law and Order League, opposing the passage of the or- dinance, be read, which was done. Dr. Thomas sald: The reopening of Ingleside is not for the welfare of the city, Horse racing is not so bad, but it is conditioned on betting. Now, betting means gambling, or the selling of pools. Gambling 18 robbery, because he who gets his money in that way gets it without producing it, and every principle of financial and political economy is violated. Some say it is unfair to take away property. I grant it, but not if the property is invested in interess to the detri- Tnent of the community. They say you should aliow ‘tne privilege here befause it is per- Mitted in San Mateo and Bmeryville. That principle would hold for burglary if it were Allowed in regard to other 1llegal practices. There are signs over homes reading; ‘‘Here are sons and daughters to be reared; here are young men you are to protéct in honesty and uprightness.” Rev. A. C. Bane held that if gambling is morally right it should go on every day, but if morally wrong we should not have it for one day. He said the history of the race track was written in the police courts and the Morgue. J. C. Hen- derson, representing the Good Govern- ment Club, approved the remarks of the clergymenthat had preceded him, while Herhert ‘Choynski argued in favor of the ordinance. Many Protests Registered. Frank J. Symmes, president of the Merchants’ Association, said that a poll of 'the assoclation had resulted in 311 members in favor of and 483 against the ordinance. Symmes said thdt the ma- jority ruled, and the assoclation wished to go on record against the bill. Dr. J. N. Beard and Rev. F. A. Doane spoke vigorously against the opening of Ingleside. Protests against the pas: o?gme bill were then registered pb "}fi’ Mission evangelical churches and H. G. Matheson. Charles Zinkand spoke for the bill and a petition in favor 40 varbers was fled. £ty It was then that Comte moved t out the enacting clause, which w‘L;'SL‘Z‘.’ onded by Brandenstein. Comte ‘said the board had a duty to perform by protect- ing the morality of the city. “Branden- stein opposed the bill because, he said, the conditions under which it was sought to force it through the board merited its Comte's motion to strike out the cnact- | were present to voice vigorous objections | as the period during ! WAYOR URGES BOMRD 7O AGT Supervisors Take a Hand in Justices’ Clerk Controversy. Judiciary Committee Will Decide Who Has Power ‘to Appoint. The Board of Supervisors took a hand in the Justices’ clerk controversy yester- duy and delegated the Judiciary Commit- tee to make an investigation for the pur- | Pose of determining the appointing power in the matter of fililng the vacancy cre- ated by the resignation of E. W. Williams from the position. The matter came up after a communication from Mayor Schmitz had been read exnlaining his po- sition in his appointment of Powel Fred | rick. After reciting the history of the !cxase‘ the Mayor says i his communica- tion: A question has been raised as to whether | the chiet clerk of the Justices of the Peace is, an officer provided by charter or by th Code of Civil Procedure. The charter provides (chapter VII, article V) that the original ap- pointment of such clerk shall be by the Jus- tices of the Peace, leaving the filling of va- cuncies as referred to. of such clerk shall be by your nonorable body on the recommendation of the Justices, and designates the clerk a city and county officer. | 1 am advised that the flilling of vacancies in all city and county offices devolves wpon the Mayor. So that whether the Justices' clerk- | ship be an office created by charter or by statute, the appointment by the Mayor of Mr. | Fredrick to succeed Mr. Williams was proper. Removed Without Trial. On January 29, 1902, about midnight, the Justices of the Peace did, at the Hotel Pleas- j anton, assume without trial to remove from otfice’ Mr. Williams (who had theretofore al “ready resigned), on the grounds of malfeasance and misfeasance in office, and to_appoint one | Joseph Windrow in his stead. No power is vested In the Justices of the Peace by any law | or charter provision to remove any officer | holding for a fixed term. That power is vested | solely in the Superior Court, on proper im- ! peachment proceedings, and in the Mayor, | under charter provisions, and, as already | stated, the power of appointment to fill vacan- | cies s also devolved upon the Mayor. Mr. | Windrow has never qualified and Mr. Fredrick | { had qualified before Windrow had even ten- | dered his informal bond. Notwithstanding these considerations the IJusllce:, without any right or authority, pro- ceeded to install Windrow as clerk, and for- mally ordered all litigants to file their papers only” with Windrow, declaring that they would | not recognize any filing or process issued by the rightful clerk, Mr. Fredrick, and to this date they state their intention to stand by their arbitrary assumption of authority, for under the conditions and_circumstances of the case the appointment of Windrow could not in any manner be or become a Valid act. Concede Action to Be Invalid. Subsequently, conceding the invalidity of | their action, but still determined to force liti- | gants to do their business with Windrow, the | Justices, as I am informed, addressed to your | | honorabie body a nomination and recommenda- tion that Mr. Windrow be appointed by you to fill the vacancy caused by their unauthorized “‘removal’” of Willlams, in the meantime main- | taining the pretension of Windrow to legal au- | thority. This very action admitted the impro- priety of the conduct of the Justices of the Peace, as it s a concession that they had no power or right to install Mr. Windrow in of- fice. Whether your honorable body has in_the premises power to appoint a successor to Wil- :I‘ams depends upon the solution of two ques- ons : First—Is- the Justices' clerkship an office created by the charter or by the Code of CIvil Procedure? Second—In _either event, upon whom falls | | the duty of filling the vacancy? 1f the office is a charter creation, then there 1s no fleld for doubt. Your honorable body has | no power in the premises. If it is a creation | of the Code of Civil Procedure, it is made a “‘municipal affair’” by the code, and under { sections 6 and 8 of article XI of the constitu- | tion, the charter provisions control and va- | cancies In this office must be filled by the | Mayor. | { i } i I i i | I have taken the liberty respectfuily of pre- senting to you these facts and views in the | hope that they may be of some assistance to your honorable body In arriving at a correct determination of your duty in the premises. | ‘Wants Mayor’s Appointment Ratified i After the communication had been read | Wynn introduced a resolution approving, | ratifying and confirming the action of | Mayor Schmitz in appointing Powel Fred- | | rick Justices’ clerk to fill the vacancy caused by the resignation of E. W. Wil- | liams and declaring Powel Fredrick ap-| | pointed as Justices’ clerk. 1 | D'Ancona presented a substitute reso- | lution requesting the City Attorney to | advise as to what officer is empowered in | | the case of the removal or resignation of | the clerk of the Justices’ Court to fill the | vacancy. Mayor Schmitz said Judge Cook ? had decided that the Justices of the Peace | had no right to remove their clerk. D'An- cona objected to taking action on Wynn's resolution until legal advice had been | taken. 2 i It ‘should certainly! be determined,” said the Mayor, ‘“‘whether the charter or Code of Civil Procedure governs in this matter. If the code governs, then three | deputies in the Justices' clerk’s office have ben drawing salaries fllegally. The | code provides for only two deputies, but | three additional deputies have been ap- pointed under the charter. Something must be done to unravel the entangle- ments which two offices of Justices' clerk are causing.” The whole subject matter was then re- | ferred to the Judiclary Committee to in- quire into the legal phases of the ques- tion, and next Friday afternoon at 2:30 o'clock was set as the time for the in- Guiry, LAWYER IS SENTENCED FOR ROBBING A CLIENT Court Gives W. A. Lewis of Spokane Seven Years in Walla Walla Penitentiary. SPOKANE, Feb. 10.—Seven years in the penitentiary in Walla Walla was the sen- tence imposed to-day by Judge Rudkin upon Attorney W. A. Lewis, convicted of having stolen more than $1000 from Mrs. Nettie Brauer Platt, one of his clients. The sentence was accompanied by scath- ing comment by the Judge. Lewis was convicted on Saturday of having stolen money from Mary Lambert, another client, but sentence in this case was de- ferred. He will remain in the County Jail pending decisions on his appeals to the Supreme Court. Lewis was formerly a prominent lawyer here. His case has gained additional no- torlety because of his flights to Seattle and Denver to escape prosecution, he having lived in both cities for some time under assumed name: —_— FRANK JAMES ENJOINS PRODUCTION OF A PLAY Objects to Having Members of His Family Represented as Train- Robbers and Outlaws. KANSAS CITY, Feb. 10.—Frank James, who at one time was a member of the famous James boys’ gang, secured a tem- orary injunction in the Circult Court fiere to-day, restraining a theatrical com- pany now playing at a local theater from presenting the play, “The James Boys in Missourl,” in which the members of the James family are made to represent train Tobbers, bank looters and outlaws of the worst character. James says his main Lobjection to the play is that it glorifies outlawry and makes heroes of them and it is injurious to the youth of the country. [ ] defeat. The vote to strike out the en- acting clause follows: Ayes—Booth, Brandenstein, Curtis, D'Ancona, Loughery, Comte, Connor, ‘McClellan, Payot, Sanderson, Wilson, Wynn—12. N ‘Noes—Bent, Boxton, Braunhart, Eggers, Lynch, Alpers—6. ~ Braunhart changed his vote to aye and gave notice of reconsideration. The mo- tion to reconsider at next Monday’s meet- ing was lost by the same vote that de- feated the ordinance. The motion to re- consider immediately was also lost, and this effectually disposes of the matter for some time to com +The favorite recreation of President Ellot of Harvard during his vacation is salling, and in this he indulges nearly every day, being a first rate sailor and handling a boat with no little skill. { earnestly advocated that there is a de-| ADVERTISEMENTS. Mrs. Annie McKay, Chaplain Sons of Temperance, 326 Spadina Ave.,, Toronto, Cured of Severe Female Troubles by Lydia E. Pinkham’s Vegetable Compound. “DEAR Mrs. PiNknHAM :— Being a mother of five children I have had experience with the general troubles of my sex. I was lacerated when one of my children was born and from that hour I date all my afflictions. I found that within a few months my health was impaired, I had female weakness and serious inflammation and frequent flooding. I became weak and dizzy but kept on my feet, dragging through my work without life or pleasure. A neighbor who had been helped by taking Lydia E. Pinkham’s Vegetable Compound insisted that I take at least one bottle. felt so much better that I kept on the treatment. I did so and For seven months T used the Compound faithfully and gladly do I say it, health and strength are mine once more. I know how to value it now when it was so nearly lost, and I appreciate how great a debt I owe you. The few dollars I spent for the medicine cannot begin to pay what it was worth to me. Yours very truly, Mrs. Axna McKay, Chaplain Sons of Temperance.” $5000 FORFEIT IF THE ABOVE LETTER IS NOT GENUINE. No other female medicine in the world has received such widespread and unqualified endorsement. Mrs. Pinkham invites all sick Refuse all substitutes. ‘women to write her for advice. She has gnided thaneands to health. Addresa. Tomn, Wass, ELECTRIC CRAIR FOR AN QUENTIN MovementIs Under Way to Change Method of Execution. Special Dispatch to The Call. SAN RAFAEL, Feb. 10.—A movement is on feot to substitute electrocution for the | gallows in San Quentin prison. The ad-| visability of the change has been so termination to produce certain facts be- | fore the next Legislature in the hope that a bill will be passed making electrocution in this State legal. A local electric com- pany, it is said, offers to supply the cur- rent for the electric chair. < ‘Warden Aguirre of San Quentin said to- day that he preferred the gallows to electrocution. “I know,” said Mr. Aguirre, “just what can be done with the gallows now in the prison. I have had several tests, and, | while some fell short of my expectations, no blunder was ever made. With the elec- | tric chair I am not fully cognizant. and, | although there is no doubt that the East- | ern chairs are successful, I would not care to officiate or even be present at an electrocution ‘that might prove a fail- ure. With the gallows now here the worx is done so quickly that the unfortunate does not suffer pain. However, if the Legislature sees fit to make the change in San Quentin, well and good. FAVORS NICARAGUA ROUTE AS THE EASIEST TO BUILD Professor Haupt of -the Isthmian Commission Testifies Before the Senate Committee. WASHINGTON, Feb. 10.—Professor Lewis M. Haupt of the Isthmian Canal Commission testified before the Senate Committee on Interoceanic Canals to-day concerning the engincering features con- nected with the construction of a canal across the isthmus of Panama. He said that while. the proposed Panama canal is much shorter than the Nicaragua, the to- tal distance to be covered by vessels in making tie voyege, say from New York to San Francisco, would be much greater by the former than by the latter route. He also said that he apprehended much difficulty 'n ccnstructing the big dam at Bohio, on the Panama line. Another point magde by him as favorable to the Nica- ragua route was that the harbors at the two ends of that route could be much more economically maintained than could those at the ends of the Panama route. - Pensions for Former Confederates. WASHINGTON, Feb. 10.—A favorable report to-day was authorized by the Sen- ate €ommittee on Pensions on the joint resolution construing the pension law of 890. The resolution is intended to give a ensionable status to those who served R: the Confederate army and subsequently joined the United States and are now de- nied the benefits of the act of 13% on the ound that they gave ald to the rebel- ion. The committee expresses the opinion that it was the intention of the frame: of the act of 1890 to include such persons within its provisions. Boy Drowned While Skating. SOUTH MCcALESTER, I. T., Feb. 10.— While a number of boys were skating on the ice at No. 5 pond yesterday the_ ice broke and the six-year-old son of John Jakaski of Krebs fell into the water and was drowned. His body was not re- covered until 11 o'clock last night. LAW WILL TAKE TARDY REVENGE Murderer Is Captured After Bighteen Years’ Search. 3 Special Disvatch to The Call. COLUSA, Feb. 10.—After eighteen years the murder of Charles Hemstreet, commit~ ted in Princeton, this county, on Septem- ber 5, 1884, is to be avenged. James Leon- ard has been captured in Hondo, Tex.. and has made a full confession. Several weeks ago Sheriff J. H. Sherer and Dis- trict Attorney I. G. Zumwalt obtained a clew to the fugitive's whereabouts, and since then they have kept the wires busy, with the result that a telegram has been received from Texas officlals announcing the capture and confession of Leonard. The necessary requisition papers have been received from the Governor, and to- day Sheriff Sherer left for Texas to bring Leonard back for trial. On the night of the murder Hemstreet and three other men.were shaking dice in a saloon, when two masked men entered with drawn revolvers and commanded, “Hands up!” All but Hemstreet complied. Hemstreet attempted to draw a revolver and both robbers fired. He fell dead in his tracks. The murderers fled to the river, and in attempting to swim across ome of them was drowned. His body was recovered a few days afterward. A reward was of- fered for the capture of the other, but no trace of him could be found until severai weeks ago. When he was arrested and confronted with the evidence in the of- ficers’ hands he acknowledged his iden and made a full confession, as follows: My name is James Leanard. I am 50 years of age. In 1884 I went to California and went to the northern part of the State. One after- noon in the forepart of September, I think it was, I met a young fellow a few miles above Princeton. I never learned his name. We nad a couple of bottles of whisky which we drank Qquite freely and we became Intoxicated. Later we started for Princeton and when nearly there my companion proposed to me to hoid up and rob the saloon. I agreed. We them went in at the front door and covered the three or four men who were in there with our pistols and told them to hold up their hands, which all did cept Hemstreet, and as he tried to pull his gun we both fired and he teil When we saw that we had killed him we ran to the river and jumped in to ewim across. I reached the other side and made my escape, but T do not believe my companion did, as I saw or heard of him after that. I learned later that a reward was offered for me and I left the State and have been on the dodge ever since. Our object was robbery, and neither of us expected to have to kill any one. I am glad the chase is over, and I had rather suffer for my crime than live over again the past years. It Sheriff Sherer meets no trouble in getting his man he should arrive home with him Sunday or Monday. Railroad Must Pay the Fire Losses. DENVER, Colo., Feb. 10.—The Court of Appeals of Colorado to-day decided that the Denver and Rio Grande Rallway Cempany is responsible for the losses en- tailed bfitho fire which burned the old Antlers Hotel and some other W at Colorado Springs, October 1, The suit against the rallway company was brought by some of the insurance com- panies which were caught by the fire. It a test case, and is said to involve ting $400,000. The fire is al- leged to have been caused by sparks from a locomotive which first set fire to the Rio Grande depot. e ART of The housekeeper or the cook who does or doesn’t keep a jar of the l" m! COOKING WELL 1] LIEBIG Company'sExtract OF BEEF always at hand both for flavor- ing soups and sauces as well as for making that handy cup of hot beef tea, will oblige sending hér address to Dauchy & Co., . O. Box 718, New York, N. Y. She will receive free, a useful cook book. FOR