The San Francisco Call. Newspaper, March 16, 1902, Page 29

: Pages : | L assssassss : all. 1 : ; - R aeaaas s s s s e e e e | SAN FRANCISCO, SUNDAY, MARCH 16, 1902. FOUR PERSONS ARE SEVERELY INJURED IN DOUBLE COLLISION AND CARS OF ELLIS AND JONES STREET LINES STATE RED CROSS SOCIETY HOLDS RECEPTION AND RALLY Members of the Humane Organization Meet in Nave of Ferry Depot and Commemorate Work Conscientiously Performed. LG ers of the countr r from the Ph N A\ o\ N — o o B ¥ A T T oo SCE S iE BIG RALLY AND REUNION OF THE RED CROSS SOCIETIES OF THE STATE OF CALIFOR- TOOK PLACE IN THE BIG FERRY BUILDING YESTERDAY AFTERNOON, BEING LARGELY NDED BY THE FAIR SEX e — 3 % 2 re palms and flowers. | thoroughly enjoyed by the guests and the ; sands of men are to return from the Phil- , reception quarters | antics of the small goat that is the mascot | ippines in the course of a few months. I v colors, and | of the boy sed hearty laughter. War- | am daily in receipt of letters from parents s > streteh- | rant Officer J. R. Daly was in command | of soldiers asking the Red Cross Society er we of decoration. |of the naval squad and the manner in | to look out for their sons. We need funds erected for the | and tastefully ATE Third Ar- io and the | from Goat | ion was a | aprentices, 1 and carrying . Gressed &rms. Mrs. W. B. Han State Red Cross ¥. Merrill, preside branch, were as of ladies in receiving the visito adier General Oscar F. Long of the port service was the guest o soclety, and many officers from #idio and other military and naval sta- tions were also present. ; Mayor Schmitz Gives Praise. Mayor Eugene E. Schmitz delivered a ort address, and he was given a hearty eption by those present when he was y Mrs. Harrington and Mrs. 1 to the platform. | roducing the Mayor Mrs. Harring- | ton sa “Ladies and Gentlemen—Al- | though the ladies are in the majority this afternoon, we are indebted to the gentle- | men who have so loyally stood by us in our work of help for the soldiers. It is in ful trans- with grest pleasure that I introduce to you Mayor Schmitz, sented to address u Mayor ho has kindly con- | itz spoke as follows: La- | tlemen—I have been request- | few words to the Ped Cross E it affords me the greatest e to do so and say a few words of praise to you for the noble work in which been engaged. In two years collected $180,000 for the sick e and the work of the society has attracted the attention of the whole world. The work of the Red Cross So- clety 1s a sublime one. We are too pronc to recognize in victary the achievements of our s and saliors, but their valor is par: the efforts of our Ameri- can women. The work of giving aid ‘to our sick soldiers will ever stand &s a bright star in the glorious records of our country. I trust that the country will not again need their noble services, and that we may ever enjoy peace and pros- perity.” Naval Lads Win Plaudits. The drill by the naval apprentices was you this soc | of which the lads went through the manual of arms and the evoked considerable applause. The generosity of the ladies of the Red Cross was shown in the bountiful lun- cheon served to the apprentices, the musicians of the bands and to all the visitors. The programme included short addresses by Herbert Lewis on ‘“Red Cross Work at Galveston” and ““Work for the Sailor” by Mrs. Bowman McCalla. The rendition “THe Star-Spangled Banner” by Mrs. Richard Bayne and “War Songs” by the Knickerbocker Quartet aroused enthusi- asm. The 'ladles who presided at the lunch | tables and who assisted Mrs. W. B. Har- rington and Mrs. John F. Merrill in're- celving were as follows: Ladies Who Received Guests. San Francisco table—Mrs. . 1. Lowenberg, Mrs. W. R. Parnell, Mrs. E. 8. Breyfogle. Mre. J. Slack, Mrs. W. H. Mills, Mrs. Arthur W. . Corpwall, Miss N. Stesie, 'Miss Marion Snook, Miss_ Tiliinghast, Miss' E. McComber, Mrs, L. I Vale, Dr. Dorothea Moore, Mrs. rs. 3 J ilmore, Mrs. E. Stadtmuller, Mrs. D. Toorhies, Miss M. Reis, Mrs. A. Mack, Mrs. M. Myrick, Miss G. McGiven and Mrs. Chaun- cey Winslow. Ban Francisco tea table—Mrs. E. Clark, Miss M. E. Langton, Miss Adabelle Langton and Miss Caroline Huffman. nd end Alameda tables—Mrs. L L. Ny rs. L. Everett, #s. 8. A. O'Neil, : Mrs. W. T. Veich, Miss 'E. Kittridge, Mrs. Oscar F. Long. Mrs. S, G. Abbott, Mrs. Wil- lard Barton, Mrs. A. Blanchard, Mrs, C. H. King, Mrs. . B. Beck, Mrs. H.. G. Brown, Mrs. Oscar Luning, Miss Mae Coogan, Miss Kate Chabot, Miss Mollle Conners, Mrs. L. Liliencrantz, Miss Edith Liliencrantz, . Mrs. | | Richard Derby, Mrs. Jobn W. Phillips and | Miss Fiorirme 'Brown. - # Sausalito table—Mrs. J. W. Harrison. Mrs. A. H. Mays, Mrs, H. C. Miller, Miss 1. Fiedler and Mrs. James Wasser. San Jose table—Mrs. A. T. Herman, Mrs. J. H. Heury, Mrs. Stanley Wyllle and Mrs. B. Mrs. S. L. Kline and Miss Hazel Kline of Corvallis, Or. Sacramento table—Mrs. R. I Bentley. The young ladies of the Aldeh Club, In- ternatiopal Sunshine Soclety and the Misses Fritch, Pratt, Stefan and Mabel C. Shrier also assisted in serving refresh- ments. At the close of the reception Mrs. W. B. Harrington, State president of the Red Cross Soclety, stated that funds were urgently needed for carrying on the work of helping the sick soldiers. Mrs. Har- rington said that it was a mistaken idea for people to think that as the war was overthere was no work for the Red Cross Soclety to do. “Not a day passes,” said Mrs. Harring- ton,” that I do not recelve requests to help from eight to a dozen soldiers. Thou- | setting-up exercises | | to carry on the wark, for our treasury is depleted. We have ever received gener- ous assistance from the public and the press, and I feel sure that further help will be forthcoming when the need for contributions is known.” AGED WIDOW IS FOUND ASPHYXIATED IN BED Mrs. Eva Levy, Sick and Enfeebled for a Long Time, Relieved by Death. Mre. Eva Levy, a widow, 7 years old, was - found yesterday morning asphyx- iated In bed in her room at 1227 Geary street. Both keys on the gas chandellers were turned fully on. The windows were closed, but Mamie Clark, servant for Mrs, J. A. Hirschfeld, the landlady, said that the room door was about two inches ajar. On the floor below the chandelier were a gas “iighter and two partly burned matches. The gas fixtures were in perfect order except that one key was rather stiff and hard to turn. Mrs. Levy had been sick for a long time, She had been an inmate of a sanitarium a few weeks ago and a surgical operation was to have been performed, but the phy- sicians omitted the operation because of the advanced age and enfeebled condition of the patient. F". Levy, whose place of business is 410 Kearny street and whose residence is at 1235 Laguna street, is a son of the de- ceased. —————— A REVELATION. Great Production Promised To-Mor- row Night. For the first time in this city, at Fisch- er's Theater to-morrow night, a magnifi- cent performace of “Little Christopher,” a_ delightful musical burlesque, will be given, that promises to be a revelation, There are forty new musical numbers and specialties. ————— Cole and Garner in Court. Willlam Cole and Robert Garner, the foctpads who held up Demetrius Christian at Bush street and Bush place on the early’ morning of March 10 and a few minutes later held up Policeman Mulcany and took his revolver from him, appeared in Judge Conlan’s court yesterday on two charges of robbery. As Judge Conlan is still {ll Judge Cabaniss by consent con- tinued the cases till March 19, The police expect to have other charges to prefer against Cole and Garner. T ‘ | Supervisors | tain radical BURIAL LAW IN DEBATE Validity of Ordinance Argued Before Judges. Appellant’s Attorney Contends It Is Unjust. i The validity of the ordinance prohibit- ing burials in the cemeteries of San Fran- cisco was argued pro and con before Judges Cook, Dunne and Lawlor, sitting in bank, yesterday. The matter before | the court was the appea) of George W. Fletcher, superintendent of the Odd FY lows’ Cemetery, from a judgment of con- | viction found in Police Judge Cabaniss’ court some time ago. Flecher was found guilty of violating the ordinance prohibit- ing burials and fined $100, and as his was | a test case the matter was immediately | appealed. 4 The appellant was represented by Attor- neys J. F. Cowdery, Robert Harr.son, W: S. Wood and Thomas E. Haven. The city’s interests were in the hands of Dis- trict Attorney Byington and Attorney’ Garret McEnerney as special counsel. The opening argument was made in be- half of the appellant by Attorney Haven. He read a brief upon the subject filed with the appeal and then proceeded to discuss the general facts of the case. He maintained that cemeteries are necessary and useful in communities, and in no sense nuisances in themselves. “We concede that point,” remarked Mc- Enerney. Haven resumed with the statement that cemeteries are not nuisances except by reason of special facts, none of which ap- pear in the case at Issue.. He cited” from authorities in support ‘of his contention that the popular prejudice against ceme- teries was largcly based on superstition. Then, referring to the question of muniei- pal control, Haven said that there was no authority conferred, either by -the consti- tution or the charter, upon the Board of to prohibit burials ‘in San Francisco. The constitution confers mere- ly police power in the matter of regu- lating the public health, while the charter only empowers the Supervisors to abate nuisances and to exercise its. ord.nary functions in the matter of healith regula- tions. In other States the Leglslatures have enacted laws conferring upon mu- nicipal auxhurfiu:in?oviuir- to pcg\um\ce"r McEnérney Asks Questions. “Do you concede that the Legislature may pass a law empowering the Super- visors of San Francisco to prohibit burials?’ asked McEnerney. “I concede nothing,” replied Haven. “All I say is that it has been done in oth- er States. This ordinance is unjust, un- reasonable and unfair, and therefore in valld. There are 30,000 acres of unoccu- pled land in this city and county remote | from public oecupation, and the use ot these vast tracts for burial purposes is in no sense a nuisance, nor can it be of dam- age to any citizen. An ordinance which prohibits burials within such a vast tér- ritory s unreasonable, and = necessarily void under the provisions of the constitu- tion.” Haven cited a Portland case similar to the one under discussion, in which it was held that such a-law was unreasonable and therefore invalid. Arbitrary and op- pressive laws were held by all courts to be unconstitutional, and Haven contended that the burial ordinance was both ar- bitrary and oppressive. The right to reg- ulate burials was conceded by Haven, but there was a vast difference between regu- Jation and prohibition, and it was just here that the Supervisors crossed. the con- stitutional limits. Resuming he said: This ordinance Is void because it unjustly im- poses upon adjoining counties the duty of bury- It San Mateq, were to_enact 4ng the Gead of San Franeisco. Marin and Alameda countie similar laws, of San Francisco? monopoly of the burial busine: is void because it attempts to by special enactment of & business which is hot a nuisance per se, but an absolute public ne- cessity. It is the duty of the court to declare such an ordinance invalid. The relatives of the dead who own plats in the various ceme- teries will be deprived of certain rights aris- ing -under contracts held by them, i this ordinance is upheld. - For the reasons given the judgment of the lower court was in error, and this appellant should be discharged. Power of Municipalities. Attorney McEnerney followed with a strong argum,ant in defense of the ordin- ance. He contended that every municl- pality in California had the same right to exercise police powers within its territory as has a sovereign State. If it was con- ceded by the other side that the Legisla- ture had power to enact a law prohibiting the burial of people, then a municipality like San Francisco had the same power. Before the adoption of the constitution of 1879 municipalities were granted certain powers by the Legislature, but since that time the municipalities were free to exer- cise of their own volition the powers | collision in the formerly conferred ‘upon them by the Legislature. ARE DAMAGED DIAGRALIrT SHO CARRIE=L = VNG NOVyY ELLAIS ST CH2 T TENES Sr CAR o & TrsCre & FomcE oF COZLTSIoN. o COLLISION BETWEEN ELECTRIC AND CABLE CARS AT THE CROSSING OF JONES AND LEAVENWORTH STREETS LAST EVENING, IN WHICH FOUR PEOPLE WERE INJURED AND THE ROLLING STOCK CONSIDERABLY DAMAGED. ONE OF THE VICTIMS. Passenger Vehicle on Cable Road Ob- . structs One Speeding Electric Car and Then Crashes Into A nother. OUR persons were injured shortly before 6 o'clock last night at the corner of Ellis and Jones streets in a collision in which car 5 of the Jones- street branch of ‘the California Street Railway Company was the offender and cars 558 and 562 of the Ellis-street line of the Market Street Rallway Company were concerned. All three cars were more or less damaged, but the Jones-street.car came out of the ,worst shape. It is the habit of the conductors and gripmen on what .is popularly known as McEnerney cited many authorities in support of his contention. He insisted that there was a vast and important dif- ference between the term to regulate and regulation itself. To regulate was one thing, but regulation was widely different. Thus a municipal Tegulation may be of such a character as to prohibit the per- formance of certaln acts, and not merely regulate them. The police power of San Francisco was not limited to the regula- tion of nuisances per se or of nuisances of any description whatsoever. The regula- tion of cemeteries was a reasonable exer- cise of police power, and the speaker con- tended that there were authorities up- holding that view. Resuming he said: The time has come When this matter must be viewed from the standpoint of public progress. Cemeteries, like people, must move onward to make room for those pressing be- hind. It is unreasonable to say that a ceme- tery, once founded, should remain forever in the heart of a great city and retard the ad- vance of improvements and population. The New York Supreme Court has said that the Question of the removai of the dead from cemeteries toymake room for urban advance is to-day no longer debatable. The question before this court is whether the Board of Supervisors can legally prohibit burials within the limits of San Francisco. Can it be denied that if a cemetery were located anywhere north of Ful: fon and Market streets the Supervisors, repre- senting the wishes and desires of the people, Would have power to remove the same? T main. tain that this ordinance is valid even though it applies to another section of the city. McEnerney cited several other authori- ties relative to the subject, and on his an- noungement that it would be impossible for him to complete his argument during the day an adjournment was taken until next Friday afternoon. : the “dinkey” branch of the California- street line to make as quick time between terminal points as the exigencies of the service will permit. The accident in this instance was probably due to this fact. The westbound cars of the Ellis-street line have the right of way. Car b4 of the Jones-street line, in charge of Grip- man Willlam. Miller and Conductor R. H. Turnbell, dashed on to the intersection of Jones and Ellis streets as car 558 of the Ellis-street line, in charge of T. L. Weber, motorman, and John Bertleson, conduc- tor, approached. The Jones-street car came to a sudden stop and the Ellis-street car struck it on the end and threw it off the track, breaking the grip. Efforts were made at once to push the car ahead, and by the assistance of volunteers it was run some aistance up the street, in order that it might be hauled to the carhouse. Car Breaks Loose. ‘While the conductor and gripman of car 54 were endeavoring to get it.into shape it started down the grade, and a few seconds later crashed Into westbound car 562 of the Ellis-street line, as that car stopped to let off some passengers. Car 562 was In charge of Conductor O. E. Alley and Motorman W. H. Heuston. Both say the Jones-street car came upon ‘them so suddenly that they had no time ‘to avoid the collision. Car 562 was crowded with passengers. There were a number of boys on the rear end of car 54, and many of them jumped ¢ff. Roy Fowzer of 1148 Market street, stayed with the car and as a result was \ \ THE INJURED. C. L. HARVEY, 1321 De- visadero street, double frac- l P 1 | ture of right leg. J. W. DISBROW, .1107 Page street, lacerated wound right ear and dislocation of clavicle. ROY FOWZER (boy), frac- ture right clavicle, lacerated wound right ear. F. BARR, 1210 Stanyan street, crushed fingers. — badly injured. He held on to the rall, which bumped Into the forward end of car 562, and had two of his fingers badly crushed and his shoulder blade broken. - The passengers in car 562 fared worse, C. L. Harvey, a medical student living at 1321’ Devisadero street, was struck on the right leg, which was broken in two places. J. W. Disbrow, a painter living at 1107 Page street, was cut about the head and also suffered a dislocation of the left clavicle. F. Barr, a rigger, living 4@t 1210 Stanyan street, who was holding on to the stanchion, had his fingers badly crushed. Is Thrown Off Track. When the collision occurred car 54 was thrown off the track. The glass in both cars was broken and the end of car 54 was so badly damaged and its running gear so disarranged that it was neces- sary to send it to the California-street carhouse for repairs. Harvey was taken Into Clough's é&rug- store, at the corner of Ellis and Jones streets, where his leg wa® set by Doctors Zobel and Himmelsbach. Harvey sald he did not know how it happened, except that the Jones-street car ‘came crashing into the Ellis-street car and before he could get out of his seat he was- struck by the rear rail and was pinioned to his seat until the car was' pulled away, Disbrow says he had no warning of the disaster. He was standing near whers Harvey was sitting and was struck by the car. His ear was cut and he felt a soreness In his shoulder. When he was removed to the Emergency Hospital, Dr. Bunnell found that his shoulder was dis- located. Little Roy Fowzer, as soon as he was hurt, ran down Ellis street to Taylor ans down Taylor to Eddy street. In front o Smith’s drug store he had to give up, but he was able to tell where he lived and his parents were notified. He was taken to the Emergency Hospital and Dr. Bun- nell put his shoulder into shape, bestdes dressing his bruised fingers and patching up a number of lacerations on his scalp. Barr continued on his way home as soon as the track was cleared. Much Damage Is Done. Car 54 was in a very ailapidated condi- tion. 'The roof and rail around the plat- form were demolished, the grip broken and every pane of glass In it was shat- tered. Car 53 came out of the colliston ‘with slight Injuries, but car 562 was forced to go to the car shed for repairs. It was damaged nearly as mucn as car . To the careless manner in which the Jones-street cars are run the accident is due, It is claimed. Peter D. Hennessey, who was a pas- senger on car 582, says that it was the carelessness of the gripman and conductor of car 54 in leaving their car on the grade on Jones street that caused the second accident. He sald: “When 1 frst saw tie car the men were trying to catch the cable. It suddenly started off and came down the hill and bumped into us. I jumped in time to save myself, but the others did not seem to realize the dan- P After more tham an hour's hard work both tracks were cleared. While the blockade lasted the Ellls-street cars were sent out over the Eddy-street line. American Mechanics’ State Counecil. The State Coundil of the Junior Order of Unfted American Mechanics will be held this. year In Woodmen's Hall, commencing next Tuesday morning,