The San Francisco Call. Newspaper, February 14, 1902, Page 9

THE SAN FRANCISCO CALL, FRIDAY, FEBRUARY 14, 1902, C aTORM DRIVES THREE PERIGH PREDICTS MORE HER O SANDS| [N ICY WATERS| STRIFE IN CUBK Schooner Occidental a Wreck on the Hum- boldt Coast. Skipper and Crew Have to Use a Rope to Reach the Beach. ial D tch to The Call. , Feb, 13.—-The hooner Ocd.- 1 Pedro, carried by wind ashore Sunday morning a l Humbold coast, known as which the wi int Gorda, P and el stranded known as Shelter Cove. plain Luberg, i the cook, John the schooner Mary Dodge The vessc striking ¢ broadside, uch forc th reached his mbers »pe to the owners ka and Hum- entirely cut off from outside communication for | egraph and tel- down by the ntal was one of the of the Occidental ed craft. built 1 Si, and was 120 feet beam. Her gros net tonnage 173. She NC DISTRESS SIGNALS SHOW ON THE FOLMINA Overdue Dutch Steamer Is Sighted at Sea by an Oriental Vessel. Wash., Feb. 13.— arrived this morn- Shanghai and the ong. The coal in was on fire, but fire results. ety of the overdue , bound for Vie- but Returns to Port in Distress. VICTORIA, B. C., Feb. 13.—The sealing ot into a gale off Vancouver Island on ch inued until On Tues- 3 € she was struck by e sea, eight of her sealing way, the The pumps t of the rough Henry Benjes Has Narrow Escape. ry Benjes, a boatman employed by hange, had a marrow g vesterday. He was rd the amer Coos v of hi boat caught 1 of the steamer. The ter and Benjes clung the ship until he was position_ by the launch McNeill The French bark Henrietta, which was recently wrecked at Astoria, has been sold Kern of Portland for $2000. Her nsisted of 273,770 feet of feet of pine, has been for $210. The expense of beachin wreck so that the cargo can be re- d will be shared equaily between the rs of the ship and cargo. Steamer F. M. Smith Libeled. hard D. Chandler filed a libel yes- in the United States District Court steamer F. M. Smith to re- . alleged to be due for coal steamer. Ship Hyades in Quarantine. ip Hyades from the Hawaiian aden with sugar, was sent to last evening. The cargo will ELEVATOR MAN XILLED BY A TOPPLING CASK Patrick Clancy Loses His Life in Ac- cident at Bryant-Street Chemi- cal Laboratory. Patrick Clancy of 2842 Folsom street, who has been the elevator man at the chemical laboratory of John Heistman at 67 Bryant street, was killed last night in an elevator accident. Clanc: taking up a cask weighing 1200 pounds, and when fifteen feet from the basement fioor the elevator rope broke and the cage plunged to the floor. The k toppled over against Clancy, inflict- ing internal injuries from which he died in ¢ bulance before the Emergency reached. P City Physicians Exchange Places. Maher, who has been resident physi- dical superintendent of the anty Hospital, has found tha: ement and the many duties of ave in_a measure broken reaith, and he therefore, with t of the Board of Health, has es for a period with ~Dr. been attached to the mergecny Hospital sur- NEW ADVERTISEMENTS. SCOURING YOUR SCALP Will Remove the Loose Dandru#f Scales, but It Won’t Cure Dandruff. If your hair is brittle and thinning, you bave dandruff. The mere scouring of the scalp of the loose scales won't cure dandruff; because dandruff is nothing but scales of scalp being thrown up by a pes- tiferous little germ in burrowing its way to the oot of the hair where it saps the vitality, causing falling hair and in time baldness. Now, you can’t stop dandruff, nor falling hair, nor prevent baldness un- less you destroy that germ; and the onl preparation th: n do it is the new sci- entific discovery, Newbro's Herpicide. In fact, no other hair preparation claims to kill the dandruff germ—all of them will clean the scalp: soap and water will do that, but only Newbro's Herpicide gets at the root of the trouble and kills the dan- druffl germ, »w sandy beach on | |ting off from shore the boat was pulled y | the breakers continued to roll in over the Petrolia, but | “will be extinguished | to port to- | e decks ripped, | | Boatmen Have Terrible Experience at Gran- ite Bay. Survivors Reach Shore and Vainly Try to Find Comrades. Spectal Dispatch to The Call. VANCOUVER, B. C., Feb. 13.—Over- | come by the intense cold by an all-night submersion in the icy waters of Granite Bay, in the upper section of the Guilf of Georgia, three men last Sunday morning met their deaths. Two others had ex- tremely narrow escapes. | The scene of the triple fatality was | Discovery Passage, a strip of water lying between Valdes Island and the Vancou- ver Island shore and just above Seymour arrows. On Saturday nignt a high sea running on the passage and it was “idal for any ome to attempt to put cut in a small boat. Five men—Allen Casey, eph Couture, Arthur Smith Ryan—spent Saturday _at AT 8 o'clock that night they 1o Tow to Rock Bay, six miles The boat soon disappeared in the George Cal- away. darkness and nothing was heard from the men till Casey and Callaghan stumbjed into a cabin at Granite Bay about day- light on Sunday morning with the awful that two of the others had been Casey and Callaghan were provided with a boat and they rowed out to the ne of the drowning, but not a trace of Kyan could they obtain. On Sunday ef- forts were made to locate the bodies, but without suceess. George Callaghan stated that after put- for Rock Bay, but not much progress had been made when a sea was shipped. Oth- ers followed in quick succession, and while two men worked at the oars the other three attempted to bail out the water, but their efforts were futile, for gunwale on the windward side. The boat was turned about and headed for shore, but that action was taken too late, for in a minute or so the frall craft as three-quarters filled with water, and h an overloaded stagger from side to side she sank to the level of the gun- wales and then flopped bottom upward. The five men united in crying for help, but the sound of their voices was hushed by the thunder of the elements. Then commenced a battle for life in the icy sea. When the boat capsized the oars floated away and it was impossible to work toward the shore. any hours after the boat capsized Couture and Smith released their grasp and sank. They were overcome by the intense cold— ness of the water, and with a despairing good-by they went down. About two hours later the boat had drifted so near the shore that the dark outline of the trees against the sky could be made out. Casey and Callaghan im- | portuned Ryan to take a chance and swim to shore, but the latter would not leave the boat, as he was a poor swim- mer. Finally Casey and Callaghan start- ed'for shore, after promising Ryan that if they reached it they would come to his rescue with a boat. When they did find the overturned boat after daybreak Ryan had vanished. BABY CONTEST ATTRACTS ATTENTION AT PAVILION Judges Have a Hard Time Selecting Prize-Winners—Mardi Gras Festival To-Night. | Babes cried for their mammas and sald “goo goo” to the judges at Mechanics’ | Pavilion yesterday afternoon. A baby contest brought out all the mothers and their cherubs, and the committee cailed upon to choose the handsomest among the aggregation had no easy time. The ar- duous task of picking winners devolved on a committee of three, and before the afternoon waned they regretted accepting | the position. | "Every child in the eyes of its mother | was “cuter” and mre beautiful than its | peighbor’s offspring. The pet of the house- hold was decorated in all his or her finery | and thrust upon a platform to be admired and criticized by the spectators and con- testing mothers. After a long delibera- tion the committee decided that Miss Ruth Sullivan and Miss Beryl Miller were the handsomest girl babies and Master George Cronin and Harold Wall were con- ceded to be the prettiest boys. A special prize was awarded to Sheridan Walker for his “cuteness.” Mrs. L. Walker received | 2 prize for the handsomest baby carriage. | The local lodges of the Order of Eagles | made things lively on the floor of the Pa- | vilion last night. This afternoon there | will be a confetti battle between the chil- | dren and in the evening the little ones | will hold a Mardi Gras festival on a small scale. The children wid be permitted to lgo masked. A cakewalk will be the feat- ‘ ure of the evening’s enteftainment, — | MERCHANTS’ ASSOCIATION NAMES A COMMITTEE Selects Members to Help Procurs Money for Knights of Pythias Gathering. | | The Merchants’ Association has named | the following members as its committee to assist the general executive committes |of the Grand Lodge of the Knights of | Pythias to procure funds for the recep- | tion of the representatives to the Su- | preme Lodge of the Knights and the uni- | form rank of that organization, which | will meet in this city next August: Charles Bundschu, F. H. Whelan, A. E. Buckingham, Jacob 8alz and H. L. Judeil. These met yesterday with the following | named members of the Grand Lodge com- mittee: Charles L. Patton, H. Schaffner, George _Samuels, A. G. Booth, H. R. Arndi, W. C. Graves, C. F. McGlashan and Jacob Samuels. A general committee was formed, of which Charles L. Patton is the chairman, Charles Bundschu vice chairman and H. | Schaffner secretary. The Union Trust | Company was designated as the treas- urer. Various plans were discussed for an ac- | tive campaign to bring about the desired | result, but no definite action was taken, tire whole matter being left for a future meeting, which will be called by the chair. it is expected that there will not be any difficulty in raising the amount of money retzulredy e AR O | ENOCKED DOWN AND ROBBED IN A CROWD Charles Dumont Is a Victim of a { Stranger Whom He Had Befriended. Charles Dumont, a clerk, residing at 515 Jackson street, reported to the police last night that he had been knocked down and robbed in the midst of a crowd at Sacramento and Kearny streets. He said his assailant was a stranger whom he had allowed to share his room -for two days past. he two men had gone down the street together, and about 9 o’clock were about | to part for the evening, when the stran- ger suddenly struck Dumont with a piece of gaspipe. While Dumont was lying on the ground dazed by the blow the stran- ger went through, bl kets and robbed him of about $50 in the form of two $20 pieces, a $ plece and some silver. § Captain Seymour has detailed two de- tectives to look for the stranger, who, Dumont says, is a Frenchman. Believes Herself in Bondage. Upited States District Attorney Wood- worth received a letter yesterday from Louisa Faessler, 1827 Adeline street, Oak- jand, requesting that he take the neces- sary legal steps to take her out of “bond- age.” She imagines that she is belng held by the authorities. The Faessler woman was committed to the insane asy- jum_from Oakland seven years ago and discharged as cured two years later. She never regained her full’ faculties, and every -once in a while she becomes pos- sessed with all sorts of vagaries. Dr. De Peau Says People of Island Object to President Palma. Believe That Annexation Is the Only Solution of the Situation. Special Dispatch to The Call. RICHMOND, Va., Feb. 13.—Dr. Leonel de Peau of Santiago, Cuba, who is, here on his way to see President Roosevelt, declares that another war is imminent in Cuba. He predicts that Senor T. Estrada Palma, the new President, will not be allowed to land, and that if by chance he does a conflict will follow between the whitéy and blacks. Dr. de Peau _says Senor Palma was never wanted as Presi- dent by the better element, although his election was allowed by that element, and that the moment the United States troops Xilfe! withdrawn there will be another con- ct. “Annexation,” says Dr. de Peau, “is the only solution of the present situation in Cuba. Because of the tariff against Cuban sugar the planters cannot move. They have mo money and no means of raising nny"w'.(hou( glving from 1S to 22 per cent on it.” Dr. de Peau'added that the spirit of in- ternal dissension would tear Cuba to pleces again and that the United States would be compelled to take hold of tne island. This was desired by the betier element, Spanish and Cuban alike, he de- clared. Vast tracts of land which Spain never owned, the doctor asserts, have been sold in Cuba, and among them the private holdings of hundreds of residents. Hun- dreds are starving on the island, while the United States is pouring in a flood of labor instead of utilizing the labor at hand, and the result is that, although three years have elapsed since the close of the war, Cuba has made little progress because there is no money there. BAY EXCURSION IS ENJOYED BY - SOCIETY FOLK Mr. Joseph Rosborough entertained a happy party of twenty-seven people yes- terday in a most delightful manner. The United States tug McDowell was placed at the disposal of the guests and a little excursion around the bay was the prin- cipal feature of the afternoon. The tug stopped at Fort Mason at 1 o'clock for some of the guests and picked up the others at the Presidio. ‘When those in the party landed at Al- catraz Igland they were taken in charge by an entertainment committee and shown through the prison and other buildings of interest. Dr. and Mrs. Shaw invited the visitors to thelr quarters and gave them tea. Angel Island was also visited., The Presidio was the next point, and a pleas- ant surprise awaited the party. Several of the officers had anticipated their ar- rival and arranged a delightful 5 o'clock tea. Every one had a thoroughly good time. ~The chaperones were Mrs. Rosbor- ough, Mrs. Robinson and Mrs. Brower. The other guests were: Mrs, James A. Black, Miss Elizabeth Foulks Miss Ida Robinson, Miss Ruth Dunham, Deens, Miss Alice Herrin, Miss Williar, Elsie ‘Sperry, Miss Irene Brower, Miss Katl ryn Robinson, Miss Rubx Johnson of San Jos Miiss Beeby of Alameda; Miss Russell of Al meda, Miss Kate Herrin, Miss Florence Yates, Joe Rosborough, Lieutenant Brower, Dr. C, C. Collins, U, 8. A.; Dr. McVean, U. 8. A.; Lieu- tencnt " Bettiscn, ' Lieutenant Embick, Captain Johnston, Lieutenant Edwards, Mr. Tully and Frank Girard. LIRS The literature section of the California Club had a very interesting afternoon yesterday. The subject under discussion was Browning’s ‘‘Paracelsus,” and, al- though this was the second day on the poem, the subject offered quite as many new avenues of thought. Some excellent papers were read and were followed by a general discussion. On Wednesday the whist section met under the leadership of Mrs. A. W. Cornwall. The social sci- ence department on Tuesday was well attended. The chief feature of the pro- gramme was an address by Mrs. E. D. Coryelle on “Cooking in the Public Schools and College Settlements.” Imme- diately {;receding this programme was a special business meeting of the entire club to decide upon the matter of pur- chasing the lot under consideration. There were fifty-five votes for and fifty-one against the purchase, and the lot will therefore be procured for the subsequent building of a clubhouse. . s e The breakfast given by the Adelphian Club in Alameda on Tuesday afternoon was a great success. Mrs. Seller, the re- tiring president, was guest of honor, while several presidents and officers of city clubs were among the one hundred guests. Among the clever toasts given was one by Mrs. Lovell White on ““The State Federation,” and Mrs. A. D. Shar. on’s answer on “California’s Big Trees." s eri ., The Alden Club will hold ‘its valentine reception and entertalnment to-day tween the hours of 2 and 6 o'clock at 1622 Clay street. The admission will be 25 cents. The proceeds go to benefit the Al- den Club, which .does not desire to be kuown as a ‘“charity” club, but rather a branch of the International Sunshine So- ciety. This little club is ever busy send- ing out its spirit of helpfulness and of- fering practical assistance in one way and another to every one in need. It has no boundaries of sect or of society. - The interesting programme ar; as follows: Character sketch in costume, Mrs. John Looseley (the artist), who has a most attrac- tive and delightful 'surprise for the guests. walts (Moszkowski), Miss Lavinia Glesting: light recitations, Miss Alice May: songs, by some children from the Chinese Mission. There will also be three palmists in at- tendance, Mrs. Cushing, Miss Klik and Miss Morton. All applications for tickets may be made to the members or to the secretary, Miss anged 8 | Edwards, 1914 Broadway. The affair will be auite informal, Those interested are as follows: Assoclate members—Mrs, J. H. Jewett, Mrs, John F. Merrill, Mrs. G, J. Bucknall, Mrs. Ella M. Sexton, Mrs. A. G. Booth, Mrs. A. E. Pratt, Mrs. Josephine de Greayer, Mrs. Wash- ington Ay Mrs. G. W, Caswell, Honorary members—Judge R. B. Carpenter, Judge T. B. McFarland. Actlve members—President, Miss Mabel Adams Ayer; vice president, Miss Jennie Mc- Farland; recording secretury, Miss Jean Ped- rresponding secretary, Miss Abble Ed- treasurer, Miss Elizabeth Edwards; Miss Florence Benjamin, Miss Jessica Blake, Miss Marie Denervaud, Miss Dare, Miss Mabel Freeman, Miss Sadie Fritch, Miss Amy Ga- Toutte, Miss Grace Garoutte, Miss Lavinia Piesting, Miss Alice May, Miss May Morton, Miss Riffle, Miss Nettie Sexton, Miss Ruby Sessions, Miss Edna Spinnev, ' Miss Meta Stofen, Miss Olivia Verdon, Miss Grace Whit- ney, Miss Paula Wolff, Mrs, W. H. Jardin. Miss Flood gave an interesting dinner party on Tuesday evening in the spacious dining-room of the Flood mansion. The uests included Mr. and Mrs. James locd, Mr. and_Mrs. Perry Eyre, Miss Maynard, Mrs. Hunter and Mr. Twiges. The entire party attended the Mardi Gras ball after fllnner.. . A Mrs. Darling, the popular wife of Major Darling, has returned from Europe and 1s at present staying at the Occidental Hotel, —_————————— Liquor Dealers Elect Officers. The following officers were elected at a meeting of the Pacific Coast Retail ILiquor Dealers’ Protective Association held yesterday afternoon: ,President, E. Lowenthal; vice president, &, B. Carlson: recording secretary, Gus Popp; financial secretary, C. G. Keller; treasurer, G, H, Munk; sergeant at arms, Charles Larse) directors—P. Filippini, H. Joost, N. P. Larsen, . Haack, Steffins, J. L. Scanlan and J. W. Wilson, Angelus Plano Player Recital Saturday, 3 p. m., at Sherman, Clay & Co.’s Hall, See amusement column of this paper. Ad- mission free, but tickets shol -I cured from Sherman, Clay & Co. DECLINES T0 PRODUEE THE BOKS Editor G. B. Daniels Is Found Guilty of Contempt. Court Commissioner Orders Him Taken Into Custody. Supreme Court Must Unravel Tangle Caused by Decision in the En- quirer Publishing Com- pany Case, Oakland Office 8an Francisco Call, 1118 Broadway, Feb. 13. Court Commissioner Babcock held to- day that he had the power to punish of- fenders for the disobedience of his man- dates and he ordered the arrest of G. B. Daniels, managing editor of the Oakiand Enquirer, for having refused to produce the books of the publishing company and for having left the presence of the Com- missioner without leave yesterday after- noon. The only question involved was the right of the Court Commissioner to ex ercise judicial powers. told the Commissioner when Mr. Daniels was haled before him the other day that he, Judge Ogden, had no jurisdiction to punish him for his refusal to furnish the books and that if he was in contempt to anybody it was the Court Commis- sioner. So Mr. Daniels thought he could safely ignore the commands of the Court Commissioner and summarily left his presence. y Then Attorney Ach, for the plaintift, sprang a few statutes and law points to show that Attorney Snook's client was in contempt because he had left the court- room without leave and while on the wit- ness stand, Attorney Snook was unpres pared to argue the point offhand and asked for time so that he could present his views on the mooted question. The attorneys spent the entire aiternoon to-day in the presentation of law before the Commissioner. Attorney Snook, who had first say, confined himself to argu- ments and authorities to show that a Court Commissioner has no more rights than a notary public and that his pow- ers are merely ministerial, not judicial. He contended that a Court Commiissioner by no means has the Power to punish con- temptuous acts in his presence. A man might tell the Court Commissioner to “‘go to thunder,” he said, and he could not hold him responsible for it. Attorneys Argue Point. Attorney Ach’s burden of contention was diametrically opposite to that held by Attorney Snook. He referred to the statutes to show that express authority is conferred upon all judicial officers to punish all who dispute the judicial aw: thority and refuse to obey the orders of such an officer. The Court Commissioner, he declared, is a judicial officer. “The refusal of a witness to obey the orders of a judicial officer,” he said, *is one of the specially designated cases of contempt. Daniels refused to obey the orders of this court. Not only that, but ‘he insulted this court by leaving it while on the witness stand. When I asked him a_question he put on his hat and said: ‘Good day, gentlemen,’' and walked out. It was as much as if he had said, ‘Tc Halifax with you all.’” hen the attorneys cluded their arguments the Court Com missioner thanked them for their labors in the exposition of the law before him and then sald: I have, myself, given a good deal of time to the investigation since the question arose, and notwithstanding the full and careful presentation made by the attorney here. Mr. Snook, 1 fail to reach the conclusion that T have not the power to punish for contempt. Just before you gentlemen came down here, 1 had dictated an opinion, and in reference to the constitutional provisions in connection with section 178 I say that these sections commenc- ing at 175, taken in connection with the pro- visions quoted from the constitution, leave no doubt in my mind that I have full and ample authority to punish for contempt of the au- thority vested In me as court commissioner, and further, that I mot only have that author- ity, but it Is my duty, in furtherance of the orderly conduct of the business before me, to exercise that power whenever the occasion de- mands it in the interests of justice. Daniels Leaves the Room. On yesterday, to Which time the further tak- ing of the depositions herein was continued, the witness, G. B. Danlels, being on the stand as & witness, and being then and there in- ferrogated by the plaintift's attorney, without the consent of the plaintif’s attorney, and without the permission of the Court Commis- sioner, abruptly took his hat and sald “'Good day, gentlemen,” and left the room, where- upon the counsel for the plaintiff asked the Commissioner to adjudge the said Danleis gullty of contempt, under the provisions of the ©°fcannot say, for T do mot believe, that the sald Danlels intended to ignore or set at de- fiance the guthority of the Court Commissioner, or treat him in any disrespectful manner, for the reason that up to the time that he’ left he had very Teason to believe from what transpired in the Superior Court e day pre- vious, and from the arguments of counsel be. Tore e, that he was under no legal restraint whatever to answer the questions which had ed him. e rtrtheless, his conduct above referred to was in contempt of judicial authority, and T now so decide, and find him guilty of con- ufl:"'w the decision of Judge Ogden touching the proceedings for contempt before him, I have this to say, I do not understand that Judge Ogden decided that T had no authority to pun- ish for contempt, but on the contrary, he said substantially this: "That if any contempt had been committed, it was before the Commissioner, and not be- fore him and that he had no authority to take udicial motice of it. As to on whom the urden growing out of proceedings for con- tempt may fall, it is not proper for me to con- sider that matter. Demands Daniels’ Arrest. The decision of the Court Commissioner was followed by a demand from Ach that a warrant be issued for Mr. Daniels’ ar- rest and that he be brought before the court by the Sheriff, to be dealt with ac- cording as the Commissioner in his judg- ment deems. fit. He volunteered to pre- pare the order and warrant for submis- slon to the court. L “T order Mr. Daniels’ arrest,”” said the Commissioner, “and wish Mr. Ach would repare the papers. And I wish to say fhu the subpena requires him to pro- duce certain books and papers. I, cer- tainly, if 1 haye the power to do so, shall compel the production of those books and papers under that subpena.” B sk you Honor o find Mr. Danlels guilty of contempt in falling to obey the subpena,” saild Mr. Ach, ‘“the evidence showing that he has them in his posses- sion, under his control, in addition to the other findings. I want'to test this thing— test it all the way thrm;ih." “We miiht as well make rests,” said Snook. “‘One l; Jjust as good as a dozen,” re- lled Ach. Pkl we will take steps, too,” torted Snook. “1 agk your Honor to find the defendant guilty of two contempis, urged Ach. “One is for boisterous conduct and the other for failing to obey the subpena.'” The Court Commissioner finally decided to comply with the wishes of Ach and the attorney went off, saying he would preglre the necessary papers during the night. Complications Threaten. The proceedings of to-day ' will further complications, whic! mn’n‘&i’flfi the Supreme Court to unravel and decide whether a Commisisoner Is a judicial of- ficer. Sheriff Rogers may refuse to issue a "‘"',.{“" according to the demands of the Commissioner, in which h plaintiffs will mand him, other hand the defendants may sue out writ of rmhlbltlon that will be taken im- ediately to the Supreme Court, If aniels arrested the defendants may sue out a writ of habeas corpus, refusal of General Manager Dan- lels to hgmduce books of the uirer Publishing Company before Court Com- a dozen ar- re- Judge Ogden had | V0ICE PROTESTS AGAINST BOOTHS Mission Residents Object to Smallpox Hos- pital Plans. Prepare for Vigorcus Fight Against Action That Is Contemplated. Residents of that section of the city embraced within the district east of How- ard street and south of Twentieth are as a unit in opposition to the plan of the Board of Health and the Health and Fo- lice Committee of the Board of Supervis- ors to put election booths on the site of the leper and smallpox hospital inclosure on Twenty-sixth street and San Bruno ayenue. Nearly 10,000 residents of this district are united in this opposition, for they claim to see in it a perpetuation of the present undesirable structure, which has been condemned by Boards of Health and Grand Juries for many years past. claim- that the appropriation of $15,000, made at the beginning of. the fiscal year, should be applied to the purchase of a tract ready ior occupancy, and which could be properly inclosed within a short period of time. This opposition has taken a decided stand. 'The leading spirits of the Potrero Nuevo Improvement Club have the mat- ter in hand, and some of them say they are prepared to violate the law, if need be, to prevent the consummation of pres- ent plans. Among those who are opposed to any temporizing are Peter Stollberg, Thomas J. Miller, Augustus Pratt, Max Popper, George Guthrie, Rasmussen Bros., Robert Girdwood and other resi- dents of the district. The opposition is summed up by John Barduhn, treasurer of the improvement club, who says: Not Fit for Dogs. The property owners, taxpayers and resi- dents of the southeast Mission protest against the expenditure of any money for the improve- ment of the present hospital for contagious dis- eases, as It is unfit for human habitation and scarcely fit as a refuge for stray dogs. It is too near a well-settled and rapidly grow- ing section of the city. It was erected nearly thirty years ago, when the city was a village, and has been tinkered wgth beyond all under- standing. The Southern Pacific Company and the Santa Fe Railway Company will run within one block of the present site as soon as their announced plans are carried out. What a beautiful im- pression would be made on the traveling pub- Iic if such a building was maintained on the main entrance and exit to the city. Real estate in the vicinity in consequence is lower in price than it was thirty years ago. We are informed that the land upon which the buildings are located is not owned by the city and that any improvements made Would revert to the owners. What they would do with them after the place is eventually aban- doned is a question. If it is attempted to expend $1 for the re- pair of this place, we propose to expend all the money needed to procure an injunction and fight the matter through the highest courts of the State. A ‘‘committee of safety’’ might be organized in the district if other means failed. A peuliar proposifon has been evolved in connection with the plan to put election boothi upon the already overcrowded lot. bulldings afford scant space for exercise those who are now confined there, yet arrange- ments have been made tentatively by the Board of Health to purchase from the Board of Elec- tion Commissioners a number of booths for the shelter of patients. How the transfer of city moneys is to be made is an interesting sub- Ject of discussion among those conversant with city finances and we propose to find out how it can be done. Checks Growth of District. Augustus D. Pratt, who has resided in this district for many years, said: We Pave yellow flags flying on the City and County Hoespital and on the hospital for con- tagious diseases in a portion of the city that is rapidly growing. What we people of the Mission waat is a removal of both places. The growth of the city is checked, and hun- dreds of acres are unpovulated, where thou- sands of homes might be erected. A place located on the bay shore would be an ideal spot. ‘The residents of the district, so far as I have convgrsed with them, favor the Bay View Farm. Most of the cases needing attention at & hospital of this kind come from the shipping in the harbor, or from downtown hotels. It would save having them carried through the populous portions of the city if they could be put on a launch and quickly transferred. There is money enough in the treasury to set- tle the matter at once, and quickly at tkat. George Guthrie, esident of the Po- trero Nuevo Club, said that Mayor Schmit# would be invited to examine into the thrce propositions_under consideration, and would be afforded every opportunity to learn the wishes of the people in all dis- tricts. The matter_will come up before the Health and Police Committee of the Board of Supervisors at its next meeting, and will be considered by the Federation of Mission Improvement Clubs to-morrow night. OTIS CLARK CAPTURED IN A JAPANESE STORE Gets Out of Jail and Promptly At- tempts Burglary but Is Neatly Caught. Otis Clark, allas George Jackson, is again in the toils of the law. He was ar- rested last night in the act of commit- ting burglary, having entered a Japanese fancy goods store at 821 Sacramento street, Clark entered the store from Oneida place, in the rear, #hd was making his way upstairs. C. Kashi, the proprietor, was sleeping in the store and was aroused. He raised_a window and blew a police whistle, Policeman Steve Bunner re- sponded to the call and captured Clark, who had not heard the whistle nor taken alarm. Clark had just been released from six months’ imprisonment for petty larceny. e Lecture on Spain. Henry Payot will repeat his interesting lecture on “The Land of the Castanet” at the South Park Settlement this even- ing. His fine collection of Spanish views will make this one of the most attractive lectures of the course being given at the settlement. @ ittt @ missioner Babcock was the original cause of the present contempt proceedings, the Enquirer this evening publishes the fol- Jowing as an official statement of the posi- tion of Manager Daniels: As the refusal of the president and man- ager of the Enquirer Publishing Company to produce the company’s books at the demand of Attorney Ach has been misrepresented in some quarters, it may be well to give the true state of the case. Nothing to Conceal. ¢ There is no attempt to prevent any proper party from seeing the company's books, for fhere is nothing to conceal. Business Man- ager Daniels has stood ready at all times to produce the in_court, and he also gave a written order to the eeper to exhibit the books to any stockholder, or his representa- tive, provided the books wee examined in his (the' bookkeeper's) presence. This would authorize Attorney Ach, if he o desired, to come to the Enquirer office as he representaive of Mr. Collins and study the books as much as he pleased. The reason for refusing to produce the books before the Court Commissioner, or before a notary public, is that there it would not be able to protect them, an is Q@ it 1s not proposed Where they will not be LATE SHIPPING INTELLIGENCE. ARRIVED. Thursday, February 13. Jap stmr Nippon Maru, Greene, 27 days 2 hours from Hongkong, 16 days 2'h from Yokohama, 5 days 21 hours from Honolulu. Stmr North Fork, Fosen, 81 hours from Eu- SPOKEN. Maru—Feb 11, 4:20 Utbat B, henca. Kb T, tor Honor lulu and Hongkong. . ippon Maru—Feb 11, 10:30 p. m., ot wing fgnal” white light over” re tor Honolulu. HRung MISCELLANEOUS, (CTORIA, B. C., Feb 13—Dutch stmr Fol- ml‘l{lll sight off Cape Beale, machinery dis- e teaming two or three miles per hour. TFTOREIGN PORTS. \ VANCOUVER—Arrived Feb 13—Dutch stmr ina, from Mojl. oy OCEAN STEAMERS. ! NEW YORK—Arrived Feb 13—Stmr Mongo- g na’n':. from Glasgow and Moville. to allow them to go protected at all times. They : DID NOT EXAGT PITTSBURG GETS EXORBITANT FEE| THE NEW SCHOOL Athletes Acquit John R. Bockman of Serious Charge. Delayed Committee Reports Explain Apparent Dis- crepancy. John R. Bockman, ex-president of the Pacific Association of the Amateur Ath- letic Union, was acquitted of the charge of exacting an exorbitant sanction fee from the Hayes Valley Athletic Club, at a meeting of the board of governors of the ?:!lsml)’clauon held last night in the Olympic ub. On a second charge of issuing unau- thorized registration cards he was convicted by a vote of 5 to 3. Herbert Hauser, representing the Aca demic Athletic League, and George James of the Olympic Club, who presided over the meeting, did not vote. Although a verdict of guilty was recorded no punish- | ment is provided under the rules. A. R. Rothkopt, a member of theé registration committee, voted to exonerate Mr. Bock- man, saying he had acted fully within his duties. "Mr. Hauser was also a member of the committee. The whole unpleasant business devel- oped over the omission on the part of Mr. Bockman of presenting his final re- ports as chairman of the committee and the regatta committee of the association at the last annual meet- ing. The reports were ready at the time and showed a balance due Mr. Bockman for money expended on behalf of the as- sociation. 'The reports were called for, but the chairman ,of the committee was not present. Had the reports been presented charges woula never have been filed. the The registration committee is a power unto | itseif, and for years has apparently acted independently of the association. Mr. Bockman said he had high ideals about amateurs and refused to class the who box in the local clubs with those who compete in outdoor athletics. These he registered separately. Until this was ex- _plained he appeared in the light of hav- ing conducted a private registration bu- reau of his ewn. It was found that in the past the cus- tom of the association had been to charge as large a sanction fee as the trafiic would bear. David Atkinson, the football player who struck Umpire Horan on the field during a game last November, appealed from the decision of the registration committee. He was suspended by the committee for one year. Hearing of the case was post- poned until the next meeting. E. J. Lynch was accepted as a delegate from the Ariel Club; Oliphant, Multnomah Club; Herbert Hauser, Gar- den City Club, and Morris Levy, Hayes Valley Athletic Club. The delegates in attendance were: President, W. B. Hinchman; secretary, Herbert Hauser; E. J. Lynch, D. D. Crowley, A. P. Rothkopf, Thomas Harris, A. H. Mellitz, E. C. Harrington, M. Levy, George Collopy, P. J. Cadogan, J. Neu- miller, Charles D. Snyder, George James, Ezra Decoto, Charles Cantwell and D. D. Oliphant. MILITARY LAWBREAKERS RECEIVE PUNISHMENT Colonel Rawles Approves Many Sen- tences Imposed by the Presidio Court Martial. The court martial for the trial of re- cruits and casuals is still in session at the Presidio and several offenders appear before it daily. The sentences of several men found guilty of violations of military law were approved by Colonmel Rawles esterday. ¥ Fhomas D. Rice, alias John McDonald, Seventy-elghth Company, Coast Artillery, and John Woods, One Hundred and Sev- enth Company, Coast Artillery, were both convicted of desertion and fraudulent en- listment. They were each sentenced to dishonorable discharge and two years’ imprisonment at Alcatraz. Cleveland T. Bryant, Twenty-fourth Battery, Field Artillery, was dishonorably discharged from the army and given eighteen months at Alcatraz for desertion. James Mc- Donough, unassigned; Frederick Paasch, unassigned; Peter Long, unassigned, and James Kinney, unassigned, were all found guilty of fraudulent enlistment. The sentence in each case was dishon- orable discharge and one year’s imprison- ment at Alcatraz. Sergeant Joseph A. Kellar, Troop , Thirteenth Cavalry, found 'guilty of desertion and fraudulent enlistment, received a sentence of dis- honorable discharge and twe years' im- prisonment at Alcatraz. The department commander has re- celved orders tp send 50 recruits to the Philippines on the transport Warren, which is scheduled to sail to-morrow aft- ernoon. The officers who will accompary the detachment are Captains S. W. Dun- ning, Sixteenth Infantry, and Zebulon Vance, Eleventh Infantry, and Second Lieutenants C. R. Jones, First Cavalry; ‘W. R, Taylor, Third Cavalry; G. C. Shaw, Thirteenth Infantry; L. D. Gasser, Twen- ty-first Infantry, and J. M. Craig,Twelfth Infantry. —_— TIOUNG WOMAN SLIGHTLY WOUNDED IN LEFT LEG Her Supposed Assailant Claims That | Result of a Friendly Scuiffle. Charles B. Bauer, an engineer, 24 years of age, was arrested last night by Police Officer Shinkwin on Second street on ac- count of the shooting of Miss Cethia Beck, who lives at 434 Second street. According to Bauer, he called on Miss Beck last night, intending to take her to the theater. “When 1 got there,” says Beck, “she said she was despondent and that if she had some poison she would take it and end her life. 1 asked her what was the matter, but she would not tell me. I took a pistol outeof my pocket. this, if you want to’ I said and she grabbed it. I tried to get it back and in the struggle the pistol went off.” The police were notified and Dr. Har- vey was called in. He had the woman re- moved to a private hospital at 1610 Van Ness avenue, where it was found that the bullet had entered the calf of the left leg. The wound was superficlal. Bauer was charg d with assault to commit murder. SYMPHONY CONCERT AT GRAND OPERA HOUSE Second of the Second Series Will Be Given by Society This Afternoon. The second symphony concert of the second series under the auspices of the San Francisco Symphony Society, of which Paul Steindorft is director, will be glven this afternoon at the Grand ra- house, commencing at 3:15 o’clock sharp. To-day's concert promises to be the best of the series and a large house is antici- pated. Giulio Minetti will be ‘‘concert- meister.” Following is the It Was the moderato; 0 digung’s Marsch, Richard Wagne: V'Arlesienne No. 1, G. poem, *Ph: City Attorney’s Opinions. City Attorney Lane filed an opinion' yes- terday that there is no authority in the charter for the Board of Works or Super- visors to deduct trenching inspection fees from the bill presented by the Spring Val- ley Water Company for water the city. The better plan is to send a no- tice of such indebtedness to the Auditor, who is then forbidden to audit the claims ‘without deducting the indebtedness, says Lane. Lane also advises that when a member of the fire department is injured while in the performance of any dmr required by the rules, whether such jury is re- ceived in the extinguishing of fires or in his quarters, city must allow his sal- ary during his disability, ’ s ; 8 s y‘.mvhn e to amateur | boxers and collecting fees for the same, | registration | boys | 1 } | 4 Site Selected by French Government For Institution. Commissioners Make Choice After a Conference With Mr. Frick. PITTSBURG, Pa., Feb. 13.—“Pittsburg will get the new schoel for the education of engineers to be established in the United States by the French Government. The French school of political science will be located in New York City. I have recommended the jatter to my Governe ment and wiill recommend that the schoo for engineers be established in Pitisbar; The above statement was made tnis evening by Lazare Weiller, chief coun- cilpr of the Foreign Board of Trade of France. M. Welller and Maurice de La- gotellerie, the two French commissioners, arrived in Pittsburg this morning and spent the morning by appointment in conference with H. C. ¥rick, who is much interested .n the proposed school. An other conference will be held to-morrow and the commissioners will leave for Chi- cago in the evening. While the commis- sioners have not announced it officially it is probable that the site was selected by Mr. Frick opposite Carnegle Institute. M. Weiller said: ““The decision to locate here was reached to-day after the conference with Mr. Frick, who, together with George West- inghouse, has promised cordial support and patronage for the school. The school of political science in New York will have the patronage of J. Pierpont Morgan ana Charles M. Schwab, both of whom have given me this assurance. “My Government will own and control all the sechools it establishes in this coun< try. They will be among the finest im America.” MAN HAS A BATTLE WITH FIGHTING DOG Erute Makes Vicious Attempts to Seize Throat of Los Angeles Resident. LOS ANGELES, Feb. 13.—A bloody fight between a man and a ferocious dog was the spectacle that entertained a large number of people this morning. J. R. Tally was passing along Los An- eles street shortly after 10 o'clock when fie saw a crowd of men and boys around two fighting dogs. The larger dog had a death grip on the throat of the smaller. Tally's sy ~pathies were aroused. and a policeman, so Tally says, told him to sep- arate the combatants If possible. He pulled the bulldog, kicked it and tried to open its mouth, but the animal had a grip of death upon the throat of the under dog and refused to relinquish its hold. Fally says the policeman told him to Kill the viclous brute, and he drew his pocket- knife and after making another effort to pry open the brute’'s mouth, cut its throat. The blood poured upon the sidewalk, but the bulldog would not release his hold. Tally again drew his knife across the bull- dog’s neck, this time cutting deeper. The animal suddenly released its hold upon its adversary and turned its attention to Tally. He defended himself with the knife, but the fight continued for some time before the canine, exhausted from the loss of blood, fell to the street, but not until after it had succeeded in burying its teeth in Tally’s hand. During the combat the dog repeatedly jumped toward Tally's throat. Tally’s injury is not serious. ——— e — PROMINENT RAILROAD MAN RESIGNS FROM OFFICE Edwin Hawley Retires From ths Southern Pacific Company After Nineteen Years’ Service. NEW YORK, Feb. 13.—Edwin Hawley has resigned as assistant general - ager of the Southern Pacific Railroad, ‘ter being nineteen years in_the service of that compal;ly, and the office will be discontinued. awley has had complete charge of the Eastern end of the Southern Pacific traffic for several years. He was one of Collis P. Huntington's lieuten- ants, and one year before Huntington died’ he made Hawley a director and member of the executive committee of tue Southern Pacific system. Hawle; still holds his seat in the board. He is resident of the Minneapolis and St. ouis and the Iowa Central railroads, and is one of the largest stockholders n each of those roads. His relations with the Harriman syndicate are friendly. E————————) \ ADVERTISEMENTS. If you want a good food for your infant try Mellin’s Food. It rcquircs no cooking and is easily and quickly prepared. Write for a free sample. Mellin’s Food Co., Boston, Mass., U. S. A. MUNYON'S EPSIA CURE When Prot. 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