The San Francisco Call. Newspaper, April 3, 1902, Page 1

VOLUME XCI-NO. 124. SAN FRANCISCO, THURSDAY, FUNSTON FIGHTS SHY OF THE CONTROVERSY Aguinaldo’s Captor Talks on Philippine Question Before Ohio Society. ! * himself for advancing after being chal- lenged and had been tried by court- martial he would have gone scot free. If any man is looking for excitement I would advise him to try shooting the rapids. at Niagara rather than running down an American soldier on guara duty.” General Funston outlined some of the campalgns that followed and said that in November of 1899 Aguinaldo and some of his chieftains held a conference and de- cided to abandon organized resistance and disband their forces, the men to be assembled later into guerrilla bands and make war upon the Americans and all natives who should be suspected of be- friending them. Continuing he said: “For two years there followed a ver- itable reign of terror. It is estimated that between 2000 and 2000 Filipinos who feli under suspicion or who refused to make contributions for the support of these bands of guerillas were put to death. AGUINALDO ADMITS CRIME. “I want to repeat a remark I made two weeks ago, that not a single Filipino lead- er, from Aguinaldo down to the lowest 2z i GENERAL FUNSTON I | | ' o NOTED SOLDIER AND DISTINGUISHED NAVAL OFFICER WHO WERE GUESTS OF HONOR AT A BANQUE"!‘ GIVEN LAST EVENING BY THE OHIO SOCIETY OF CALIFORNIA IN THE MAPLE ROOM OF THE PALACE HOTEL. ) = - =3 ENERAL FREDERICK | sent regrets, and also George A. Knight, | chieftain, was free from the stain of such FUNSTON was the guest of | who was to represent him. But just as | crimes. Aguinaldo admitted to me with- honor at a banquet given by the O ple roc last dem, from whi: Society in the ma- m of the Palace Ho- night. In response ds of the ban- as he put it, he saw he in qu there was no escape, he spoke at some length the Philippine question, but skil! ided some of the reported assertic made his recent Lotus Club speec fonal sensation. The captor of Aguinaido placed respon- sibility for the continuance of the insur- the breaking up of into guerilla bands, in January, 1900, squarely upon the should- ers of the anti-imperialists at home. He £ald their intemperate utterances led the insurgent leaders to believe that the United States was on the verge of civil war and that they had only to continue the struggle until internecine strife should break out between the two par- ties in America. But while General Fun- ston spoke approvingly of the hanging of some 200 Filipino bad men, he did not even hint that sundry gentlemen of Bos- ton were equally deserving of stretching hemp. The war hero avolded for the most part the questions that brought him under fire from the press and in the Senate. He had nothing to say of the right of petition, though he asserted that he approved of temperate discussion of the problems cre- ated by the acquisition of the new pos- sessions and whether the Philippines should have been taken and whether they should be kept. NO REPLY TO CRITICISMS. The speaker did not touch upon the criticisms upon his methods in effecting the capture of Agulnaldo, except to assert that the Filipinos had no distinetive uni- form, they having taken for themselves the Spanish uniform. Ergo, it is to be in- ferred, it was no offense against the rules of clvilized warfare to dress four of his own soldiers in that attire in order to carry out his plan to capture the Filipino chieftain. Finally he had no criticism for the Taft Commission, but approved The partial self-government given the Fili- pinos by Taft and his associates, thus again arraying himself with the adminis- tration. Whitelaw Reid was also to have been a guest of honor, but the distinguished dip- Jomat sent a diplomatic note of regrets— Mrs. Reid had made a prior engagement far him. Governor Gage was also ifvited, but he W. H. Jordan, president of the Ohio So- ciety, concluded a neat speech of intro- duction it was understood that his Ex- cellency by proxy had left the banquet hal he did not return. Rear Admiral Glass, also a guest of honor, responded with patriotic ardor to the toast, “Our Navy.” STARTED LIFE IN OHIO. General Funston began his speech as follows: tlemen somewhat in distinguished of the Ohio Soclety: I am the condition of a certain member of Congress who used to say, ‘Gentlemen, where are we at?” I don't know whether I should be classed as an Ohioan, a Kansan or a Cal- ifornian. I was born in Ohio, but found I could not support my parents there, so when I was two years of age I took them out to Kansas with me. Then the fortune of war brought me to California, and here I did the smartest thing I ever did in my life, and that was to marry a Cali- fornia girl. “I know you do not want me to say any- thing about the Philippine question, to leave a bad taste in the mouth. So, with your permission, I will, to use a slang ex- pression, ‘go way back and sit down.’ " And Funston sat down, but tRe ban- queters demanded that he continue, and after some hesitation he proceeded. He | spoke at some length of the conditions that prevailed after the destruction of the Spanish fleet and the responsibility that rested with the United States to protect the defenseless city against the insur- gents. He described conditions following the shrrender of Mantla, with a line of in- surgents drawn about the city, parallel- ing the American forces and practically besieging them. He sald the instruction from Geheral Otis was to let no taunt nor insult or even overt act precipitate trouble and the men endured with remarkable self-control the constant taunts and abuse of the Filipinos, BEGINNING OF THE STRUGGLE. Continuing, General Funston spoke in part as follows: “Then came the memorable and fatal night of February 4 A. Filipino lieu- tenant and thrge\ men . approached an American sentinel and refused to halt when he challenged. The sentinel chal- lenged three times and then fired, as was his duty, killing two of the Filipino sol- dlers. If he had shot an officer of the United States army, a commanding gen- erai, or the President of the United States Out reservation that he had caused the | nation of General Luna, because Luna was so brave and able that his own supremacy, which he deemed essential to Filipino success, was in danger. He made the same statement to Lieutenants Haz- ard and Mitckell and to others. Indeed, that he caused Luna’s assassination is not questioned at all in the Philippines, I @o not care to run Aguinaldo down elther, for personally I owe him a great deal. I will say this for him, that he treated American prisoners, and Spanish prison- ers, too, with great humanity whenever they were under his immediate eye. But horrible atrocities were committed by his subordinates. *“The blood of those two or three thou- sand of murdered Filipinos cries out for vengeance, but it will never be possible to punish all who committed the crimes. ‘We picked out about 200, who were tried, sentenced and hanged, the worst speci- mens that ever disgraced God Almighty's footstool. We can't attempt to punish all, for if we did we could never pacify the islands. ‘““The insurgents are almost entirely un- der the influence of the leaders. Few of them have their heart in the struggle. I have questioned many and few of them even knew they were fighting for inde- pendence. i “In January of 1900, after the conference ot,Agulmldo'nnd his chieftains, the war would have ended except for the encour- agement lent from this country. Agon- cillo was here and the Junta was active and the anti-imperialists were making speeches that were harmless enough here, but when cabled out by the Junta and spread broadcast led to the belief that this country was on the verge of clvil war. DROP INTEMPERATE TALK. “If we will drop that sort of discussion— I mean intemperate discussion of an in- flammatory character, for I do not con- demn temperate discussion of Philippine problems, and whether the Philippines ought to have been taken or ought to be held—if we will hold this thing off for a few months longer the war will be ended and we will be able then to decide as to the final disposition of the islands. “Few will dispute my assertion that the Filipinos are not yet fitted for absolute self-government. They are ready for the sort of partial self-government given them Continued on Page Three. commiITt BRUTAL CRIMES British Troops Slay Boers in Cold Blood. Natives Are Also Shot to Death Like : Rabbits. Details of the Awful Deeds of the Aus= tralians. LONDON, April 3.—The Morning Leader publishes the alleged story of the crimes which led to the court-martial and execu- | tion of two Australian officers in South Africa, which is just now exciting keen indignation in Australia. The rnewspaper asserts that several of- ficers of this particular irregular corps shot natives like rabbits, and that they are even suspected of murdering men of their own command, against whom they had grudges. The incident which led to their court-martial was the cold-blooded “‘execution” by those officers of ten Boers who whre journeying to Pietersburg with the object of surrendering. It was sup- posed these Boers had £20,000 with them. MURDERED FOR MONEY. Actuated by cupidity, the Australians stopped the Boers, tried them by mock court-martial and ordered all to be shot. This was done by a squadron of the sol- diers after some of the non-commissioned officers had refused to carry out the death sentence. The officers then ransacked the Boer wagons and were disgusted upon finding that the £20,000 was in Transvaal paper money. Continuing, the. Morning Leader says a German missionary a few miles distant from the scene of ‘“execution” heard of the affair. Lieutenant Hancock, one of the Australians concerned, fearing he would divulge his information, shot the missioriary dead. This shooting eventu-- ally led to a complaint by the German Consul to Lord Kitchener, who proceeded to court-martial the Australians. EOERS FIGHT DRAGOONS. Lord Kitchener, in a dis| toria, made public last that the Second Dragogy “fayght a| sharp pear-guard g Boschmans- kop dirifig’ the' eveninE of Margh Four officers are "known to have been | ‘wounded. The column commander, Colonel Law- ley, detached the Dragoons with the ob- ject of surprising a Boer laager, reported to have been located ten miles east of Boschmanskop. The Dragoons found the Boers strongly posted and the burghers ‘were subsequently largely reinforced with the result that the Dragoons had to fight a hard rear-guard action in order to re- gain the main column. The heavy firing called up Colonel Lawley and his troops, who drove off the Boers. The latter's loss is reported to have been heavy. WRECK AN ACCIDENT. It has been suggested that the train wreck near Barberton, Transvaal Colony, March 80, resulting in the death of thirty- nine soldiers and the wounding of forty- five others, nearly all of whom belonged to the Hampshire Regiment, was caused by the Boers, but Lord Kitchéner reports that it was accidental. The train was de- scending a steep grade when the engine and five trucks jumped the track and turned over. PRETORIA, April 2.—Details of the train wreck show that, after leaving Bar-~ berton the engineer lost control of the train on the down grade and for three miles it went at the rate of eighty milcs an hour. The engine jumped the rails at a sharp curve with five trucks filled with soldiers. A terrific smashup followed and the boiler of the engine exploded. engineer and fireman were killed. Six of the injured soldiers have since died. BRITISH CAMP IN AMERICA. CHICAGO, April 12—A special New Orleans says: Governor Heard of Louisiana has reported to the State De- partment at 'Washington that in his opin- fon the British Government is maintain- ing a military camp within the territory of the United States. The camp in ques- tion is the one located a few miles below this city for the transhipment of horses and mules to South.Africa, there to be used by British soldiers in the war against the Boers. Several weeks ago General Plerson, the Boer leader, visited this city and held a conference with the Louisiana State offi- clals. He created no little comment by his public declaration that he was ready to lead a force of armed men to attack the camp. He was deniled permission to do this. Several months ago a British steamer was badly damaged by an explosion while it was being loaded with supplies for the British army in South Africa. It was declared in many quarters at the time that the explosion was the work of Bcer sympathizers, but the matter was never investigated. = —_— HAVANA HAS DOUBTS ABOUT THE LIBRARY HAVANA, April 2—Lieutenant Hanna, Commissioner of Schools, has written to the Mayor of Havana that he has scen Andrew Carnegie’'s secretary, who told him Carnegie was disposed to give $250,00) for a library in'Havana, provided the city would guarantee $25,000 a year for keep- ing it up and give a site for the building. In view of the statements contained in the letter the City Council has decided to write to Carnegie stating that it will give the site and will do what it can toward providing $25,000 a year, but the law does not allow- the municipality to bind suc- ceeding ones in matters of annual endow- ments. APRIL 3, 1902. PRICE FIVE CENTS. ACTION IS BROUGHT TO REMOVE DALTON ’ James E. Crane Begins Suit Under Penal - Section Against Alameda Assessor. UIT was brought yesterday in the Superior Court of Ala- - Heury P. Dalton of that coun- ty removed from office. The suit was brought in the name of James E. Crane, formeriy County Clerk of Alameda, and was flled by George E. de Golia, as his attorney. The suit is a civil action, though brought under a section of the Penal Code, and it was assigned to Judge Hall's de- partment of the Superior Court. As Judge | Hall is at present absent and Judge Ells- worth is sitting“in his place, Mr. de Golia appeared before the last named and | asked that the matter be set for hearing. After a showing had been made Judge Ellsworth placed the matter uvon his docket for the morning or Friday, April 11, when Dalton will make his appearan: The proceeding is brought under a litti used section of the Penal Code, which permits a taxpayer to bring suit against a county officlal to remove him should that taxpayer be able to prove malfeas- ance in office. Under this section of ‘Lhe code trial must be had by the court, and it is one of the few cases in which appeal to the Supreme Court is not permitted. It is In the nature of a public prosecu- tion and the informer is allowed $500. Three charges are made in the com- plaint, all of them involving the financial relations of County Assessor Henry P. Dalton with the coypty of Alameda dur- img the last three years of his office- holding. The first is the withhoiding of polltax commissions; the second the with- The ¥ holding of the fees for making the dupli- cate assessment rolls for the city of Oak- land, and the third, the certifying to the correctness of bills of the Enquirer Pub- iishing Company when that company rom | jound the assessment books of Alameda County in canvas instead of leather, which latter material the specifications provided for. It is asserted that in the aggregate the county of Alameda has been defrauded out of $17,129 40 in these three transactions, and it is demanded that Mr. Dalton return to the county this amount, out of which Mr. Crane asks his costs and the $500 allowed by law and that Dalton be removed from his position as County Assessor. It is claimed by Mr. Crane and his at- torney that any one of these three counts is sufficient under the Penal Code to cause a removal. WAITED FOR DECISIONS. Judgments have just been rendered ogainst the County Assessor by Judge Ogden for the polltax commissions for the years of 1899 and 1900 and for the fees re- ceived from the cfty of Oakland, less the cost of preparation of the city rolls, for the same years. The binding of,the as- sessment books was once the matter of Grand Jury investigation in this county, and the county expert, County Auditor and Supervisors all united in forcing the rebinding of the books according to the schedule adopted by the Supervisors. The suit for removal is based upon the decision of Judge Ogden, which s de- livered Monday; the decision of fhe Su- preme Court in the case of Assessor ‘Washington Dodge of this city, which de- cision formed the basis of Judge Ogden's action, and the investigation of the de- funct Grand Jury into the quality of printing and bookbinding done for Asses- sor Dalton’s dMice, which work the As- sessor certified to was properly done. There is an apparent difference between the amount involved in this suit and that involved in the case just decided by Judge Ogden. The suit brought yesterday is based upon that which was decided oy Judge Ogden, but in the latter commis- meda County to have Agsessor | d years ago, when they tried to hurt me by getting the Grand Jury to investigate an alleged destruction of records in my office. They were defeated then and they will be defeated again. “The suit that was brought to-day will not hold a minute. I can beat my ac- cusers on the merits of the suit alone. In the first place I never O. K. the prices of work that comes into my office. My chief clerk, Thomas Robinson, always signs the receipts, but admitting that I am responsible for the acts of my depu- ties, it has no effect on me, because none of us ever vouched for the correctness of | sions for but two years were involved, | while in the Crane suit the commissions | for -thrée vears are included, which ac-| counts for the difference in figures. Mr. Crane said in regard to the action: “I have been watching this matter for | nearly two years, and when the decision | “of Judge Ogden was rendered I communi- cated with my attorney, and as he de cided that the law was correct I have swern to the complaint. I believe that Mr. Dalton has committed acts that bring | him under the law which demands his re- | moval.” Attorney de Golia said: “This matter has been under Investiga- tion Yor some time. Mr. Crane Informs me that for two years he has been keep- ing watch. He decided to await the deci- sion of Judge Ogden In the matter of Mr. Dalton's fees. As it supported Mr. Crane's position, he instructed me to file the suit. “As to the.law, I do not see how Mr. | Dalton can escape. The section of the | Penal Code under which this sult is brought requires a trial by the court and | does not permit of an appeal to the Su- preme Court. Judge Ogden has decided | that Mr. Dalton illegally withbeld the poll tax commissions, and that he was only entitled to his exact expenses in making up the city assessment rolls. These expenses were fixed by Judge Os- den at 32100 for two years, but we believe that this work was done by Mr. Dal- ton’s deputies while under pay from the county, and that the county is entitled to | those fees. We think that this can be, shown. | BOOKS IMPROPERLY BOUND. | *“As for the books, Mr. Dalton certified | that they were properly bound for the | years of 1508 and 1599 when they were not, | and the county was injured to the amount | of $120 for each year. The County Auditor | and county expert in 1899, assisted by the | Supervisors and the Grand Jury, forced | the rebinding of the books, while those of| 1888 still stand ‘in the canvas binding in- stead of the leather binding required by the specifications. At no time did Mr. Dal order the books rebound. ' “This suit has nothing to do with the | litigation that is now pending over the Oakland Enquirer. I am not connected | With that litigation in any way and have | paid but little attention to it. This action is entirely independent and does not concern the troubles between stockholders in that newspaper.” Mr. Dalton made this statement: “Politics i3 back of the whole thln'.; This is almost on the verge of election and these suits are being brought at thie | time to hurt me politically. My political enemies have resorted .to the courts to taraes me. It's the same thing as two the ! | all common. ! taxes, . ! , v . - | | | e i i ASSESSOR OF ALAMEDA COUNTY WHOSE REMOVAL FROM OFFICE IS DEMANDED ON THE GROUNDS THAT HE ILLEGALLY RE- TAINED MONEYS AND ACCEPTED BOOKS INFERIORLY BOUND. +* —_— prices of work. All we look out for is the number of the articles delivered into our office. “It is altogether the duty of the Board of Supervisors to pass upon the correct- ness of prices and the quality of mer- chandise. We are not experts on books or paper or bindings that are brought to us. They charge that I O. K.'d some as- sessment relis that cost $2 more than they ought. Well, that's not my fault. It’s the fault of the Board of Supervisors for passing such a Lill. I recerved the goods and receipted for them and my duty ended there. HELD MONEY UNDER ADVICE. ““As to the retention of the commissions, that was done under the advice of my attorneys, and under such advice it is not an act against the law. My attorneys ad- vised me that I -was entitled to this money and I retained it until a suit cov- ering the question could be settled. At the time that I retained this money there had been no decisions from any court upon the question, and I certainly had color of legality for my action. As there 1s no way of getting such money out of the county treasury after it is once de- posited there I had to retain it or lose it altogether, and I agreed to leave my regular salary undrawn until a determina- tion of the suit in order to protect the county. “My political enemies are after me, and that is all there is of it.”” The complaint is an unusual one and in- volves many points of law that are not at It took much research to frame it. The document begins with this statement: “Comes now James E. Crane, and for himself, and in the name of and in behalf of the people of the State of California presents and files this his verified accusa- tion in writing against Henry P. Dalton, respondent above named, and charges and alleges as follows, to wit.” Mr. Crane's accusation then sets forth the facts that for 1399 Mr. Dalton collected 12,506 poll taxes at §2 each, amounting to $25,192, of which amount he only turned | Into the treasury 321413 20, retaining for himself $3778 0. In the same year he col- lected 103 delinquent poll taxes at §3, amounting to $309, of which he turned | 3262 65 Into the treasury, retaining $46 3. In 1900 Mr. Dalton collected 12,268 poll amounting to 3245386, of which amount $20,85 60 was paid into the treas- ury and $3680 40 was retained. In the same year there were 199 delinquent poll taxes colldcted, aggregating $07, of which amount $507 45 reached the treasury and 339 5% was retained. In 1901 the number of Continued on Page Three