The San Francisco Call. Newspaper, May 11, 1902, Page 29

Br44444445 i | P s ryvvTepUTRUL ) Pages 20 o 40 R RS | SR e 3 : : 1268 ZY 10 40 3 b Q $ t QHHEEEEr 144400000000 000000 0000 SAN FRANCISCO, SUNDAY, MAY 11, 1902. MEMBERS OF INTERNATIONAL SUNSHINE SOCIETY ARRIVE AND ARE WARMLY WELCOMED T.5-DENISON € Delegates to Conven-= tion Are Enter- . tained. e 3 Mrs. John Lewis Childs, wife of ex-Sen- ator Childs of New York, State president of the Sunshine in New York; Mrs. Charles Hathaway of the advisory board of the International Sunshine, and Mrs. Denison, vice president of the Sunshine and president of the General Federation of Women's Clubs. The Alden Club has arranged to charter the observation car ‘i\\ ‘\\,&M]Hucflhkhm/dlmll / 8 o LEWIS CHILDS HEN the New York spe- cial arrived last evening bearing & large number of delegates to the recent sonvention at Los Angeles the members of the In- ternational Sunshine So- ciety proceeded to the home of Mrs. John . Ven Ness avenue and shington street, where they were en- tertained with delightful informality. Miss Mabel Ayer, president of the Alden Club, 2 branch of the Sunshine, has charge of errangements and has planned a delight- ful day for the ladies to-day. The guests of honor will be Mrs. Alden, president of the International Sunshine Soclety and prominently identified with club interests; L 3 g ALL SIDEWALKS MUST BE EEPT CLEAR IN FUTURE Board of Public Works RequestsChief | of Police to Enforce Existing | Ordinances. With a view toward conserving the right of the public to free passage and e of the sidewalks of this city, without nduly harassing certain commercial pur- s, the Board of Public Works yester- sent a communication to Chief of Wittman requesting that official ce the ordinances relating to ob- sidewalks and streets. to a conference on the 1 _April 16, at which were z, members of the ation and the Commis- lic Works, the communica- c forcement. of the or-| ce and effect would | vay over sidewalks | and manufac- | rians having | ne; and, at the| permit the carrying on » goods, wares and mer- e of receipt or delivery, extent. Commissioner d_tbe section of the 2 street and in- conducting bus- same time of business iness in th and as a result of ihe yjsit and views found that the ordinances ~ould ed without fm- posing detrin ctions upon | y portions of the manufactur- | ricts vebic d other articles of | Sus kinds are p and allowed to | remain upon the readw : and it is the desire of this board that the practioe be | discouraged by an enforcem Clnance prohibiting An en of t Order No. 155, walles ghall be In 1900 the United States made about 5.00,000 more tors of pig iron than were made in the United Kinzdom, and nearly 6,000,000 more tons of steel. . 4 | they have come to think that snything s right | Hermosa for the entertainment of Its guests. Luncheon gill be daintily served at the ocean beacl! a caterer being en- gaged to go out from the city. Those en route eastward will take thelr train at 3 o'clock. The ladies who comprise the Ald- en Club and who will entertain are: Miss Florence Benjamin, Miss Jennie McFar- land. Miss Sadie Fritch, Miss Marie Dener- vand, Miss Virginia Dare, Miss Mae W. Mor- ton, Miss Meta Stofen. Miss Lavinia Gelsting, Miss Alice May, Miss Fernanda Pratt, Mies Nette Sexton, Miss Abble Bdwards, Miss Eli- zabeth Edwards, Miss Jessica Blake, Miss Ma- bel Freeman. Arsociate members—Mrs. Isadore Burns, Mrs. John F. Merrill. Mrs. Washington Ayer, Mrs. T. B. McFarland, Mrs. Ella M. Sexton. PREDIGTS DEFEAT OF THE BOSSES People Aroused Against Humboldt’s Corrupt Ring." J. F. Thompson, editor of the Eureka Standard and president of the board of trustees of the Odd Fellows’ Home of California, is-in San Francisco to attend the Grand Lodge of that order. He was asked last night for an interview on the political situation in Humboldt County, 2nd In response he sald: It is my opinion that if the people of Hum- beldt can be aroused to take the right kind of interest in the primary election they can send | down to the State convention a delegation en- tirely unpledged and certain to shape its course in the interests of clean politics and to Lelp place in the field the best possible ticket. Humboldt County has not had the name of a maghine polifice county until the last four or fiv-® years, Prior to that time It was known as a county standing for clean politics and | honest methods. I believe the vast majority of | ths people are opposed to.gang rule. Campbell | and his crowd have made politics thelr game, after the plan of Croker and of Bucklcy. They / have got many excellent young men in their | fcllowing and have polluted thelr Jdeas until that wins. But the majority of our people are opposed to that sort of thing. 8c far as Gage is concerned, if he were rep- resented by @uy but machine politiclans he | id stand well In Humboldt County. The prople do not like the men who toot the Gage horn. Senator Selvage has been a Gage man, but beczuse the gang could not control hini they threw him over. I think it probable that he will have to fight the machine and gil it represents, even to demanding that an entirely unpledged delegation be sent to the State con- | vention. * Selvage Will have the support of the | best Republicans if he mazkes unceasing war- MEMBERS OF THE INTERNATION- AL SUNSHINE SOCIETY WHO WILL BE ENTERTAINED HERE. —— % Visitors Will Travel| Through City on “Hermosa.”’ il An engagement of interest that has been announced is that of Frank R. Dev- lin of Vallejo and Miss Agnes G. C. Erb of Napa. Miss Erb is a vivacious .bru- nette and is the accomplished daughter of Mrs. John B. Erb. Miss Erb, who has traveled extensively and is a brilllant conversationalist, is one of Napa County’'s most_popular and successful educators. Mr. Deviin is District AllornE{ of Solano County. The wedding will take place in the near future. . . Mis: bert Preston were the guests of hofor at a dinner given Friday by Mrs. A. W. Al- lison at her residence, 13¢ McAllister street. The decorations were in excellent taste, consisting principally of pink roses, blossoms and foliage. Covers were laid for fifteen, all of whom did ample justice to the delicate viands placed before them. Dancing took up the remainder of the evening. eieie Mrs. John F. Merrill gave a dinner last evening in honor of the birthday of her | son. Covers were lald for twelve and the guests were all relatives. P Miss Edith Wadsworth was hostess at a delightful progressive euchre party ves- terday afternoon at her residence, 1104 Van Ness avenue. Thirty-six young la- dies enjoyed the game. The four prizes awarded were very handsome. o mie —John A. Kimball, the well known at- torney, and Miss Edith Nelson were mar- ried last night at the First Christian Church by the rector, Rev. Dr. Ford. A large number of friends of the happy couple fided the church to witness the ceremony. The couple left immediately after the services for Monterey, where they will spend their honeymoon. Mr. Kimball is one of the best known young lawyers in the city and is. asso- clated with his brother in the practice of law. The bride is a charming. young woman and is widely known and extreme- ly popular in Western Addition soclety circles. The couple received many hand- some wedding presents from their numer- ous friends. On their return from their honeymoon trip they will take up their residence in this city. Mrs. Kimball is a niece of the late Frank Pixley, for many years editor of the Argonaut. fars on the machine. There are many deter- mined men in the party who are sick of hav- ing Campbell portion out the offices and declde who shall go to conventions and who shall have every little office, 1t is commonly understood that Campbell and his associates have a slate prepared, with a candidate for nearly every office. But it has been their policy to pick up in different parts of the county some strong men whom they knew they could not beat even if they tried, end then to work A others they could’ con. trol. Shrewd bosses do mot always insist on their own henchmen. As a rule we have had good officers. Good men have even been friendly to the gang, not wanting to incur its enmity, and bhaye been dictated to by the ring entirely too frequently. But if it appears that the charges made by Councilman Buhne against Collector of the Port Campbell are true, and that other rumors —und_ there are plenty of them—are well founded, there are enough honest Republicans in Humboldt County to strip Campbell of his horors and his power. You say action has been begun,against Buhne for libel on account of his charges against Campbell. I do not know that all these charges are true, but if half are true Mr. Gampbell is unfit to hold the office he now occupfes. The majority of the people belleve Senator Selvage told the truth in his affidavit, and if the libel suit is begun as a bluff it will not work, for Buhne and Selvage are thoroughly In carnest Belvage is a hard fighter, and being in the fight he will not weigh his chances for the Congres. sional nomination as worth very much in com- parison to success In his struggle to put Camp- bell out of power. The fight between Campbell and his - men and the independent Republicane. wil re to the finish. 1 do not underestimate the strength of such an organization as Campbell . has built up. They have control of most of the offices of the county and most of th in Eureka. But I believe the peovI: np:e"::n(it sroused now that they will not allow Campbell to rcontrol the State delegation or fo name county officers. On general principles T do not believe that the President and his Cabinet will tolerate In any officer political interference or bossism. My, Roosevelt had enough experlence with ring poll. tics when he was trying to purify the govern- ment of New York City to detest that sort of thing and to put his foot on it whenever he can. In regard to our legislative ticket, the people of Humboldt County are very friendly to Sena- tor Perkins and there is little doubt that men cg'orahlz to him whl be elected to the Assem- e Berlin’s richest inhabitant has paid a tax of $23,300 on his last year’s income of $583,750. | | the office based on nomination by the Alice Gardner and Dr. Meyers Al- | FREDRICK REMOVED BY SLOSS Superior Judge Says McComb Is Entitled . to Office. Holds That He Was Not Allowed to Qualify. Orders Mayor’s Ap- pointee to Surren- der Documents. ~N Superior Judge M. C. Sloss decided ves- terday that the claim of Powel Fledrick, the Mayor's appointee to the office of Justices’ Clerk, is entirely without right, and issued an order directing Fredrick to turn the books and papers of the office over to George McComb, who was ap- pointed Clerk by the Justices and whose appointment was subsequently confirmed by the Board of Supervisors. The decision is the result of summary proceedings taken by Leon Samuels, at- torney for McComb, to oust Fredrick, there being a desire to avoid the use of force to get control of the office. The question of who is Justices’ Clerk is now | settled for the present, but an appeal will L be taken to the Supreme Court by Fred- rick. The case was argued for several days before Judge Sloss, point after point being offered by the attorneys for the rival clerks. It was submitted on April 19. Judge Sloss’ opinion, which is very con- cise and covers all the points offered by the attorneys, is as follows: “The petitioner, McComb, claiming to be the incumbent of the office of Justices’ Clerk in and for the city and county of San Francisco, has brought this proceed- ing under section 1015 of the Political Code for the purpose of obtaining an or- | der requiring the defendant, Fredrick, to | deliver to the petitioner the books and | papers pertaining to ‘such office of Jus- tices’ Clerk. McComb asserts a title to | Justices of the Peace, followed by an ap- pointment by. the Supervisors. FredrlLY(, on the other haund, relies upon an appoint- ment by the Mayor made under the sup- | posed authority of the charter of the city and county of San Francisco. CITES QUINN CASE. “This court has already, in Quinn vs. Baehr, decided that the provisions of the charter relating to the appoint- ment of a Justices’ Clerk are void, ond it follows' therefore that Frad- rick’s claim is entirely without right. “Although this form of proceeding is not designed to determine, as between | conflicting claimants, the title to an of- | fice, yet the relief here sought will be ‘franted to cne who has-a clear prima | facie title. Such prima facie title can, | under the decision in Quinn vs. Baehr, | rest only in one who, like McComb, | claims to have been elected and to have qualified under the provisions of section 66 of the Code of Civil Procedure. “But it is urged that, assuming the pro- visions of this section to be controlling. | McComb’s clalm of incumbency is defec- | tive in two particulars. | SPEAKS OF MAYOR’S POWER. “First, it is contended that his appoint- | ment by the Supervisors was necessary | because the resolution appointing him did not receive the approval of the Mayor. The position of the defendant is that un- der the charter every act that can possi- bly be performed by the Board of Super- | visors is subject to the Mayor’'s power to veto. Assuming that, under the rule de- clared in Eisenhuth vs. Ackerson, 105 | Cal., 97, the power conferréd on the Su- ' | pervisors by the Code of Civil Procedure | (67) is to be exercised in the mode desig- nated by the charter, let us examine the provisions of the latter instrument re- garding the Mayor's power over acts of the Board.of Supervisors. “Under_article II, chapter 1, section 1 of the charter ‘the legislative power of the city and county of San Francisco shall be vested in * * * the Board of Supervisors.” Section 6 of the same chap- ter provides that every legislative act of | the city and county shall be by ordinance, | and that no ordinance shall be passed except by bill; section 13 that every biil | or resolution providing for certain speci- | fled . mgtters not here involved shall be | published for a certaln length of time, | ete. REFERS TO CHARTER. “Section 16 that ‘every bill and every | resolution as hereinbefore provided which | shall have passed the board and shall have been duly authenticated shall be pre- sented_to the Mayor for his approval. * % *77f he approve it he shall sign it and it shall then become an ordinance.’ “To my mind, the words last quoted clearly imply that the bills or resolu- tions which require the approval of the Mayor are such bills or resolu- tions as, when approved, become ur- dinances. “An ordinance is the form in which | the / legislative acts of the city and county are to be cast, section 6, supra, and the natural inference is that acts which are not legisiative in their character need not be passed by or- dinance, and shall not be subject to | the veto power. An election or ap- | pointment to office is not an exercise of legislative power, and therefors becomes complete upon the passage | of the resolution of appointment. It is to be remembered that the veto| vower is to be strictly construed and not extended by application. Erwin vs. Jersey City, 60 N. J. L., 143; see also Cate vs. Martin (N. H.), 48 L. R. A., 613; People™vs. Councilmen, 20 N. Y. 8, 5. '\ BOND WAS REFUSED. ! “*Second—It is objected, further, that ‘McComb's right to occupy the office is not complete because his bond has not been approved by the Mayor and the Auditor. It is conceded that he tendered a bond, proper in form and with sufficient sure- tles, to the officlals named, and that they refused to act on the same in any way. In other words, the appointee dig. everything within his ‘power to qual- ify, but was prevented from fully complying with the law by the re- fusal of other officials to take the ac- tion required of them. “If the question were a new one in this State there might be much force in the argument that, where the law requires approval of gn official bond, the officer's right to actually occupy his office does not arise until his bond has been ap- proved by the prover official. But the same point arose in People vs. Fitch, 1 Cal., 5%, and the Bupreme Court, despitg | the refusal of the Governor to act upor| the bond tendered him by the relator, held that ‘the relator was properly elect- ed, and entitled to exercise the rights and duties of the office’ The case was cited | has all the self-poise of a statesman. GOVERNOR B. B. ODELL JR. | - OF NEW YORK IS OPPOSED T0 PUBLIC I May Declineto Accept “Invitations to Banquets. UNJAMIN B. ODELL JR. Governor of the State of New York, accompanied by his wife, son and daughter, ar- rived in this clty yesterday and took up quarters at the Palace Hotel. The distin- guished visitor looked to be in splendid . health and spirits. He expressed his pleasure at being able to visit this State again. Governor Odell is an affable man. ge e will discuss the climate of this glorious State and will dwell at length on the beautiful scenery, but if one should ask him whether ‘he indorses the administra- tion he is on the alert and evades the question with a skill born of long train- ng. I{S a bulwark against all interrogations of a political nature the Governor in- formed his interviewer that he would not | talk politics and that he was out here for rest and recreation and was getting both. As for politics, he begged to he excused this trip. Whereupon the Governor was asked what he thought of the New York Sunday laws. He replied that all laws that are for a State's good redounded to the ctedit of the community that passed them. What do you think of the new ledder of Tamman; the Governor was asked. “I look upon Mr. Nixon as a very bright fellow, but it is the same old Tammany,” | he answered. DISCUSSES THE TRUSTS. The chief executive of New York was then asked to give his views on the beef trust and whether the Democratic party would use it as an issue in the coming campaign.’ “There is some .talk about the beef trust,” he sald. ‘‘The Republican national { administration has been doing all that DEMONSTRATIONS i GOVERNOR OF EMPIRE STATE WHO ARRIVED HERE LAST EVENING. 1Ty + was possible to investigate the matter. The Attorney General of New York State is investigating it under out State anti- trust law, and if facts can be developed to show that there was any combination for the purpose of maintaining or forcing the prices up the proper remedies would be applied to punish and break down the combination.” ““There has been a good deal of specula- tion as to whether you would be a cand!- date for the Presidency of the United States,” said a press representative. “Is there any foundationito the rumor?” ‘‘At Charleston,” he sald, ‘““during the exercises of New York day, some face- tlous reference was made to that fact by the, gentleman who introduced me to the Bthel'lnf. At _that time I stated I was for President Roosevelt and so far as I :ine'.v_ the State of New York was for im. “‘But are you going to be a candidate?” ‘was asked. “T am compelled to say that I must not digcuss politics,” was the answer. Governor Odell was lh‘n told about the Discusses Many Sub= jects but Won’t Talk Politics. plans of various organizations to fittingly entertain him during his stay in this city. He was informed thaf the Union Leagus Club intended giving him_a banquet or a reception and that the Society of New York, of which General Barnes is a lead- ing member, was going to do likewise. In reply to this information the Governor said: DECLINES INVITATIONS. “I have absolutely declined all inwita- tions sent me by the citizens of the vari- ous citles through which I have journeyed because of a lack of time. I did, however, agree to meet and did meet informally the members of the Chamber of Com- merce of Los Angeles. I shook hands with a great many gentlemen and ad- dressed a few remarks to them. The in- vitations you speak of have been received but as yet I have not accepted any of them. Whether I will do so remains to be seen. I doubt whether I will brealk my rule, however. Mr. Harriman, who is an old frlend of' mine, has invited me to a dinner and I think that will be the only function I will attend. I am op- posed to public demonstrations.” Governor Odell left Albany, N. Y., on April 23, and expects to return to the capital the first week in June. This is not his first trip to this State. He was here two years ago and he stated last evening: “The fact that I am back again proves that I am in love with California, its beautiful climate and its people.” Since leaving New York Governor Odell has visited Charleston, where he partici- pated in the New York day ceremonies at the big exposition. From there he jour- neyed to Atlanta and thence to New Orleans. His party then went direct to Los Angeles and visited Santa Barbara. next going to Monterey. He stated that he intended going back to Monterey and might visit the Yosemite before depart- ing from California. The Governor and his party will return to Albany by way of the Canadian Pacific Railroad. PR EE R EERERELEET LTI LI oot oot el @ with approval in People vs. Scannell, 7 Cal, “I conclude, therefore, that the pe- tioner, McComb, is the actual incum- bent of the office in question, and as such is entitled to the possession of all books and papers pertaining to his office. Political Cede, Section 1014, Hall vs. Superior Court, 63 Cal., 174. An order for the delivery of such books and papers to him will accordingly be made. “M. C. SLOSS, Judge. “May 10, 1902.” La.teyin the afternoon George McComb, accompanied by his attorney, Leon Sam- uel, made a demand for the office of Jus- tices Clerk from Powel Fredrick, the Mayor's_appointee. A certified “copy of Judge Sloss' order directing Fredrick to turn over the office and records to Mc- Comb was also served on Fredrick. The latter refused to comply with the order, saying that he would refer it to his at- torney. Fredrick intimates that he will appeal the case to the Supreme Court. — e Attorney Splivalo Loses. Justice of the Peace Daniels gave judg- ment yesterday in favor of the Western Fish Company, who had been sued by A. D. Splivalo, an attorney, for $250 for ser- vices rendered. Splivalo claimed that he had effected an agreement to purchase for the defendant twenty-two shares of a rival fish company for $5000, but Jucge Daniels_ruled that as the ement to sell had not been signed Splivalo couid not recover. COMMITTEE DISCUSSES . PLANS FOR HOSPITAL The - advisory committee of physicians appeinted to discuss plans: for the pro- posed ‘new city and county hospital held a conference yesterday, at which Mayor Schmitz, Supervisors D'Ancona and Al- pers, Commissioner -of - Weorks = Manson and City Engineer Grunsky were also present. Dr. J. M. Flint of the University of Cal- ifornia explained his _Flans submitted last week for approval. hey provide for 450 beds, which Dr. C. N. Ellinwood thought sufficlent, as he contended that 25 per cent of the patients sent to the hospital should be taken to the Almshouse instead. Dr. Flint' stated that his sketches merely showed what a hospital ought to be. - John Elbert, superintendént of the Cily and County Hospital, stated that it would cost from $150,000 to $200,000 yearly to run the hospital as designed by Dr. Flint. A. J. Coffey, whose plans for a $500,000 hospital were accepted for the last bond issue, since declared illegal, produced them and ‘claimed superiority for them over those of Dr. Flint. D’Ancona dis- Putod the legality of the board’s acticn n recommending the plans. City Archi- tect Mooser declared that the board could employ outside architects to do ex- traordinary work and D’'Ancona retorted that the Supervisors might then abolish the Bureau of Architects in the Works Department. The committee was unable to decide between the plans and another eun‘uv_vfll be held next Friday night to e action. W MACEAY GIVES BANQUET TO HARRIMAN At the Pacific Union Club on Post streat last night, John W. Mackay tendered a banquet to E. H. Harriman. Twenty- five of the city's wealthiest and most prominent men sat down to the tables. Those present were: John W. Mackay E. H. Harriman, Hermann Oelrichs, Wil- liam F. Herrin, Homer King, I. W. Hell- man, P. N. Lilienthal, W. G. Irwin, Louis Glass, Julius Kruttschnitt, William Al- vord, Thomas Brown, A. Chesebrough, J. W. Byrne, R. P. Schwerin, Willlam Sproule, A. E. Head, J)\ C. Stubbs, Irving . Scott, W. 8. Wood, E. M. Ross, T. B. McFarland, W. W, Morrow, General W. H. L. Barnes and Horace Platt. ——————— From Buffalo to New York. The shortest, and now the most elegantly equipped, line is the Lackawanna Railroad, which traverses the most beautiful scemery the Allegheny Mountains afford. Through trains are operated via this line from Chicago, Kan- sas City and St. Louis to New York. It will be to the interest of passengers to inquire of local rallroad agents or write Geo. A. Cullen, General Western Passenger Agent, 103 Adams street, Chicago. - gty Trial of Miss McKinney. The Board of Education has set to-mor- row at 9 a. m. for the trial of Miss Mary McKinney, who “Is accused of incompe- tency by Principal Lyser of the John Swett School. Subpenas were lssued by the secretary of the board for a number of witnesses who will testify at the trial J.