The San Francisco Call. Newspaper, May 20, 1902, Page 14

14 THE SAN FRANCISCO CALL, TUESDAY, MAY 20, 1902 NORTON SAYS HE ORDERED ALTERATIONG Chief Engineer Changes Specifications for New Wharves. ! Protege of Herrin and Burns Increases Profits of Contractor. President Kilburn Will Start Out To- Day to Investigate and Says He Will Probe Thor- oughly. e The Harbor Commissioners propose 1o make an immediate investigation of the changes in specifications of the building of the new wharves on the water front, | the story of which was published exclu- | sively in The Call on Sunday. | It will come as & surprise to the com- | munity of the State to learn that L. D.; Nort the chief engineer of the Harbor | | Comm claims that he has the right to ications just as he pleases, without the consent of the Com- missioners or the bondsmen of con- | tractors Contractor Wakefield, who is building the new wharves, is out of the city and could not be seen yesterday to give his of how he was allowed to violate ract and perform work in a man- make the new wharves Commision of Chief listened Engineer y The Call as to ai- olations of Contracior s specifications. imed that in his judgment it Norton c far better ill the cylinders of the | wharves with concrete in the man-{ exposed by The Ca st Sunday tuan | dhere to the specifications. he specifications call for the cylinders ped out to the depth of twenty- | , and for the rest of the water in ctures to be displaced by burlap led with concrete. When this fill- reaches up 1o the twenty-two foot nark the water s to be pumped out, ving the cylinders perfectly dry and ady for loose concrete. NORTON DEFENDS THE SPOUT. tted yesterday that he hmd method, and that by using st cheaper 1o fill a cylinder by process than to pump the cyl- anvas sacks one-quarter fillea with concrete he secured a good founda- tion in the cylinders. The cuief engineer | defends the use of the “trimmer,” or | to dump loose concrete beneath the | in the cylinders. | e meed not be a civil engineer or a | tractor to understand that it is far | experience with concrete work a book. He was formerly by the Pacige Improvement as a land surveyor, and counts Herrin, the wire-pulling attor- ne Southern Pacific Railroad, for | in tight places. Norton was a | of Dan Burns, so it is easy derstand why Norton is chief en- er of the Harbor Commissioners and If the power of a Pooh nd changes specifications at his own gine arrogates to hims: Bah sisted yesterday that the cyl- | *s had beén pumped out to the twen- | depth before the loose con- | ed Norton and ‘his assist- ctor have either been grossly | gent of their duties or the chief en- gine=r is incapable of telling if a cylinder illed with water or is dry. TIME SAVED IS MONEY. | t few weeks not a single cyli n pumped down to the twenty- concrete has been Tow-load into the t hen the latter have lled with water. | adage, “Time saved is money " applies in the case of Contractor Wakefield, who is allowed by Chief En- gineer Norton to carry cut contract work | in 2 manner entirely different to the | specifications. When Wakefield bid for the contract he was well aware of what he would have to perform. He secured a $360,000 contract, and by Norton’s manipu- ons of the specifications the contracter iderable sum in labor and ! One item, that of the work interior _cylin expanded metal TS, can be cited as an instance. The specifications called for feet of the metal work in each Norton admitted yesterday that ders for only twelve feet of the | metal work to be placed in each cylinder. As a matter of fact, only eight feet have been used. This means a saving of twelve t of metal work cylinder to each ooden cylinder. The metal work costs 5 cents per square foot. Ten feet are re- quired to make the diameter of the cylin- der, so that the contractor saves 50 cents | for ‘each foot of metal cylinder that is not | us i IS CONTRACTOR’S PROFIT. | There are %0 cylinders called for in the | specifications. Contractor Wakefield is | @ivorce swer that the concrete would f ders consists of good concrete work-for a AYS HER LIFE 15 IN DANGER Mrs. Shear Claims That Her Husband Beats Her Frequently. She Also Charges Him With Failure to Provide. Other Suits. Margaret Shear, who was married in 1884 to William H. Shear, brought a suit for divorce yesterday, alleging cruelty and failure fo provide. on so many occasions that a further con- tinuance of her life with him is absolutely dangerous. She alleges further that he beat her so badly in June, 1898, that taking her three children with her. Since that time, & pelled to work in order that she and the little ones might not suffer for the neces- saries of life. The Shears reside at 12 Franklin street. Stephen Crowe is being sued for divorce Celeste 8. Crowe on the ground of de- ertion. They were married in 18% at Cumberland, Md. Mrs. Crowe alleges thut her husband deserted her in July, 1900. James E. Lozier is suimg Clara Lozier for divorce on the grounds of intemper- ance and infidelity. Michigan in September, 1893. Martin Heberger, who is being sued for by Catherine Heberger, in an an- swer to his wife's complaint, filed yester- s that he ever treated his wife In a cross-complaint he charges Heberger has ever since their marriage caused him a great deal of mis ery by her unkind treatment of him. Divorces were granted yesterday to Ma- | tilda Cloch from John J. Ciochesy for neglect; Grace Clifford from Peter A. Chiuford for desertion; Eugenia Mitchell from Henry J. Mitchell for desertion; Nel- | lie P. Grace from H. T. Grace for deser- tion, and Wesley McKenzie from Simona McKenzie for desertion. Holt Starts for Home. Deputy United- States Marshal Gamble started vesterday for Vinita, L. T., having fn custody Earl Holt, who Is wanted in that Territory for murder. County Recorder and shot another politi- c1an, he claims in self-defense. —————— Exempt Firemen Want Aid. The officers of the Exempt Fire Com- pany petitioned the Board of Supervisors yesterday to recommend an amendment to the charter whereby aid may be af- forded indigent and infirm members of the old volunteer fire department. @ i 9 | thus in pocket $5760 by the kindness of | Chief Engineer Norton altering the speci- fications. The labor of putting the metal cylinders in .place is estimated a half the cost of the material. Con- tractor Wakefield therefore saves nearly $5000 on the item of the metal work alone. It will be interesting to note if Wakefield will give the State credit for this saving and deduct the amount from his contract warrants of $360,000, s to the charge made that Wakefield has used some old lumber and scrap iron spikes on planking,” Norton says that he knows nothing of the same. He the inspector in_charge should be in a position to see if anything of the kind ever took place. The Harbor Commission- ers will question the inspector to-day. Before this is done, however, the Com- missioners will have pointed out to them the old lumber and scrap iron spikes that have been used in place of first class ma- terial. Chief Engineer Norton was asked what would be the effect of dumping concrete through water. He declined to answer the | questicn at first. Finally he gave the an- settle in yers of rock, sand and cement. One of the most expert engineers in the State, thoroughly familiar with cylinder | concrete work, stated last evening that if ilie cylinders on the new wharves werc filled in the manner allowed by Norton there would be danger of the struc- tures coliapsing in the future. AN EXPERT EXPLAINS. He explained that when the teredoes de- stroyed the outer woodem casing of the cylinders the concrete work would crumble away and expose the inner piles to the teredo As the top of the cylin- depth of seven or eight feet, that portion would remain intact. If below this depth the concrete work fell apart and exposed the piles to the | | teredc only the constant examination by | could detect any damage to the ! divers Should the teredoes destroy the 1 iles far down in the water the da age would not bé noticed and the wharves | might tumble into the bay. “The use of a spout by the engineer,” said the expert, neath the water farce of a most pronounced kind. only way to secure a solid concrete col umn in the gylinders is to pump the struc- tures dry ahd then fill them with con- crete.” Norton says he proposes to go ahead and have the wharves finished in his own sivle. The Harbor Commissioners will begin an investigation to-day and Norton may hear “‘something drop” other than the scund of concrete falling in water- filled cylinders. in the cylinders is a X X .S the buttons realized men will buy Jots. - California. They come in twelve Sterling silver. regular price yours without any cost. Special sale of 2 RING 4 collar JButtons X L5 A special sale of collar buttons is would think that a man wouldn’t care to buy such a small article a sale, but when the values are known and the The buttons are the King brand—well known from Maine to 10-karat gold-filled regular price 10c, special. 14-karat gold-filled, regular price 13 it Here is something unusual: Every button any button prove unsatisfactory after it is in use, a new button is See the buttons in our windows. Out-of-fown orders filled—write us. SNWOO0D 5 (0 718 Market Streect. x B8 pid certainly wunusual. You superiority of them in dozen and half-dozen styles and the prices are: 214¢ each , special....Be each 25¢, special .10¢ each guaranteed. If She charges her | husband has beaten her black and blu= | she | became afraid of her life and left him, | e alleges, she has been com- | They were married in | Holt was | s that | “to dump concrete be- | The | HE Board of Health removed by Mayor Schmitz to make room for a board composed of Drs. Stinson, Adler, Rottanzi and Van Meter | time at least. Judge Sloss decided yes- | terday that the injunction granted the old board restraining Mayor Schmitz's ap- pointees from interfering with it should be continued in force until the merits of the case are determined by a court ol equit; Judge Sloss holds that, though a court of equity may not try the title to a public office, it may by injunction pro- tect the officer in possession a&s against the interference of an adverse claimant, until the latter has established his title | by appropriate proceedings at law, Viz., | by the prosecution of a writ of quo war- | rento. | 1t is probable that an appeal will‘be taken from the opinion of Judge Sloss, in | which case several months must elapse | ere_the matter of the injunction is set- | tled. In gase quowarranto proceedings | are brought, there is prospect of another. | appeal, thus'making it possible for the old i board to remain in office for at least two years. A i~ Judge Sloss’ decision is as follows: On the 25th day of March, 1902, and for some time prior thereto, the piaintiffs and the defendant Ward. were members of the Board of Health of the city and tounty of San Fran- cisco. On the day named the defendant | Schmitz, as Mayor of said city and county, | caused ' to be ~served upon the plaintiifs a paper stating that he had, pursuant to the { provisions of article® XVI, 'section 16, of the | charter, removed them from office for various stated In sald paper, and that he had | appointed in their place and stead, as mem- bers of said Board of Health, the defendants ‘.\'\msun, Adler, Rottanzi and Van Metér. the following day the plaintiffs commended this action, and obtained an injunction restraining the defendants from interfering with said 1‘ plaintiffs in the performance of their duties as members of the Board of Health. The defend- | ants have demurred to the complaint, moved | to strike out portions thereof, and have moved to_dissolve the injunction. ‘ 3t is alleged that the proceedings to remove | the plaintifis were taken without any previous | notice to them, and without thelr having had | an opportunity to be heard, or to defend against |'any charges made. It appears, further, that | the plaintiffs deny the right of the Mayor to | remove them in the manner which has been adopted, and intend to contest the defendants’ ‘lillu to the office, based on such remqyal or | | | attempted removal, At the outset of the argument it was con- tended by the one side and conceded by the other that a court has no jurisdiction, in a suit for an injunction, to try the title. to pub- lc officé. lished law, 1312 Afd this is undoubtedly the estab- High on Injunctions (3d ed.), sec. TITLE IS INVOLVED. The title to the office, in the case at bai depends upon a_determination of the que: tion whether, under the charter, the Mayor has the power of removing appointed officers with- out giving them an opportunity to be heard in defense of charges first presented against them, The plaintiffs contend that he has not such power; the defendants that he has. But a determination of this question would be de- clding the title to the office, which, as is con- ceded, cannot be done in an injunction suit, but only in the form of proceeding known as quo warranto, or its statutory equivalent. It follows that it would be idle for the court, in this proceeding; to express an opinion as to | the construction of the charter provision re- garding the removal of officers. Such an opin- fon would have no binding effect, and would not conclude either side in any proceedings which might hercafter be brought to determine who has the better right, or the only right, to the office in_ question. ~Whether, under the charter, the Mayor has power to remove ap- pointed officers without glving them notice of charges and a_hearing, and whether the plain- tiffs or the defendants Stinson, Adler, Rot- tanzi and Van Meter are members of the Board of Health are therefore questions which can- | not be and are not decided on this hearing {or in this action. But although a court of equity has no juris- diction to try the title to public office, the principle is well established that, where there i is a contest between two persons, both claim- ing to be entitled to the same office, a_court of equity will, by injunction, protect the of- ficer in possession as against the interference of an adverse claimant, until the latter has | establizshed his title by appropriate proceed- | ings at law, viz, by the prosecution of a writ of quo warranto. (High on Injunctions (3d ed.), sec. 1315; Brady vs. Sweetland, 13 Kans. 41; Braldy vs. Theritt, 1 Kans. 468; Guillotte vs. Poiney, 41 La. Ann. 333; Goldman vs. Gillesple, 43 La. Ann. €3; State_vs. Superlor Court (Wash.), 48 Pac. R. 741; Boomelin vs. Mosby, 47 Ohio St. 570; City of Huntington vs. Gast, 148 Ind. 255; Parsons vs. Durans 160 -111. 303; State vs. Alexander, 107 Towa 177; Rhodes vs. Driver (Ariz.), 65 S. W. 106; Sullivan vs. Haaske, 6 Qhio N. P. 26.) In my opinion, this rule is D) mnot cnly by authority, but by considerations of reason and public policy as well. If one, hav- ing_been appointed or elected to an office, finds on demanding the office that ‘his prede- cessor refuses to yleld, claiming to be still entitled, what is the proper course for* him to pursue? Is It to seek to enter and dispossess such predecessor surreptitiously, or by force, or is it to proceed to establish his right, by the orderly process of law, in .an action in which such right can be established | promptly and_effectively? ‘The question ad- | mits of but one answer. The proceedings set forth in Secs. 803 to 810 of the Code of Clvil Procedure (in effect, quo warranto) furnish an adequate method of determining whether or not the officer refusing to surrender has any | right to the office. The claimant out .of pos- | sersion, however good his claim may event- ually turn out to be, should, in the interest of peace and order, be compelled to resort to | #mch proceedings. If his right is established it cen at once be enforced, even though an appeal be taken. €. C. P. 940.) ., ENTITLED TO. INJUNCTION. On the foregoing grounds, it would appear that the plaintiffs are entitied to the injunc- tion restraining .the defendants from Interfer- ing with them in the performance of the duties of their office, until such defendants shall have established their right by an appro- AAILWAY TICKET CONTRAGT OID Judges Gilbert, Ross and Morrow, sit- ting as the United States Circuit Court of " Appeals, handed down an interesting de- cision yesterday as to the rights of a widow and minor children to recover dam- ages from a railway company for the loss of the husband and-father through negli- gence on the part of the company, death occurring while the husband and father was traveling on a pass, or free ticket. The case was that of Louise H. Adams ard Frank H. Adams against the North- ern Pacific Rallway Company for dam- ages. Jay H. Adams was a lawyer trav- eling in Idaho, and in pagsing from a tcurist car to the dining-car, the train go- ing unusually fast around a curve, he was thrown from the train and killed. The case was tried in the United States Circuit Ccurt of Washington and judgment was given in favor of the widow and minor child for $14,000 damages. From the judg- ment the corporation appealed, one of the grounds being that the decedent was traveling on a free ticket, which ticket stipulated that the holder waived all claim on the company ‘“for any injury to the person or for any loss or damage to the property” of the passenger using the free ticket, caused by the negligence of agents or otherwise. N The United States Cjrcuit Court of Ag- peals asks, “‘Can this language be consld- ered to relieve the raflroad company from liability for the death of a person using such ticket if such death is caused by the negligence of the carrier or its servants?’ The court’s decision continues: In the first place, if such meaning could be given to the language of the contract the con- tract would be void as against public policy. A man’s life is not his 6wn to be disposed of by the contract. ‘'A man may not barter away his life or_his freedom or his substantial rights.” [Ins. Co. vs. Morse, 20 Wall. 445-451.] The state has an interest in securing the safety and preserving the lives of its citizens. A negligent killing was manslaughter at .the com- mon law and indictable. In many of our States it is similarly and severe 1 for. The express pe: £ deceased, therefore, that the rallroad company might negligently toke his life without conse- will continue in office for some JUDGE SLOSS GIVES A TEMPORARY VICTORY TO THE OLD HEALTH BOARD He Decides That Injunction Against the Mayor’s Appointees Shall Continue in Force and That the Newly Appointed Body Must Resort to Quo Warranto Proceeding ( S + cannot themselves decide the disputed right and execute that decision by installing them- selves in office forcibly or by entry in the ab- sence of the officers in'possession. Since the plaintiffs refuse to yleld possession the de- fendants must enforce their right to possession, if they have such right, by legal proceedings. Of course an officer who without any show- ing of right attempts to hold on to an office as against one clearly entitled would not be granted an injunction to protect his possession as against the entry of the rightful claimant, | But here there is a contest which cannot, in view of the authorities, be regarded as without foundation, ROOM FOR DEBATE. There is room for debate as to the con- | struction of the charter provisions for re- moval, and that being so the later claimants should be compelled to establish their right | by quo warranto proceedings. To decide in | this proceeding that the charter does or that | it ddes not permit removals without notice or hearing would be to determine who of the con- tending parties constitute the lawful Board of | Health, the very thing which all partles agree e priate proceeding at law. But, while the gen- eral rule hereinbefore laid down s not dis- puted by the defendants, they-contend that, at the time of the commencement of the action, the actual possession of the office was In them and not in the plaintiffs. The facts are that, on the afternoon of the 20th day of March, the Mayor. accompanied by the other defend- ants, entered the rooms in the City Hall occu- pled by the Board of Health, none of the plain- tiffs being at the time present; . that the Mayor announced :to the secretary of ths board the removal of the plaintiffs and the ap- pointment of the defendants Stingon, Adler, Rottanzi and Van Meter; that.the late named defendants, together with the defendant Ward, then held a meeting In.said rooms, at which they elected a president, passed a resolution continuing in office ‘the then employes of the board,. and thereupon adjourned, _intending to meet again on the following day. Before any further action was taken the injunction now under discussicn was - served, On these facts who was in ‘possession of the office? No demand had ever been made on the plaintiffs. They had not surrendered the office; in fact, at the very earliest opportunity they asserted’ their determination not to sur- render by bringing this sult. An office is a franchise: it consists.of the exercise of in- tangible rights and dutles appertaining to its occupant, and possession of the office does not depend on_the mere physical possession of the rooms ‘and furniture ordinarily used in the performance of the functions of the office. (Mead vs, Treasurer, 36 Mich. 416; Lawrence vs. Hanley, 8¢ Mich, ; Brady vs. Sweet- land, 13 Kans, 41; Braldy vs. Theritt, 17 Kans, 468; Sullivan vs. Haacke, 5 Ohlo N.'P., 26.) The defendants may have a right to the possession of the office, but that is a different thing from the actual possession. Actual possessfon can be obtained from the occupant in one of two ways only—either by the surrender or abandonment of the office by such occupant or by his ouster fn the course of legal proceedings. (Oliver vs. Jersey City, 63 N. J. L. 635; Mead vs, Treasurer, supra; State vs. Draper. 48 Mo. 213; Hallgren vs. Campbeli, 82 Mich. 235: Braldy vs. Theritt, supraj in re Cleveland, 51 N..J. L. 311) The right being : disputed, the defendants quent liability would have been in violation of both the common and statute law and a vold contract. But the contract in. question does not extend to the death of the “party contracting. It is 1imited to injury to the person and 1oss of prop- erty of that person, Under the statutes of both Idaho and Washington the clause limiting. the right of action to circumstances which w#/1d have permitted the deceased to sue for personal injuries in case he survived ls entirely omitted, and nothing appears elsewhere in the, statutes to warrant its insertion by implication. The omission must ‘therefore be considered as in- tentional. Under-the statutes of -Ildaho and Washington the plaintift had a right of action against the defendant rallway company for the just damage to them resulting from the death of Jay H. Adams if his death was caused by the negligence of the railroad company. In the absence of evidence to the contrary the law pre- sumes that the deceased did exerclse reasonable Care. Tudzment atfirmed. - —_— 3 I Am Going to Quit The shoe business. $20,000 worth of fine shoes wijl have.to be sold within the next thirty days. $2 and $2 50 ladies’ and men’s shces for 90c.' $3 50 to $5_grades, in all sizes, widths and up to date styles, all from the best manufactory for $1 8 a pair and no more. Sale commences to-day at 9 a. m. J. L. Lesser, 324 Kearny st. B Street Car Mangles Horse. A horse belonging to the Centennial sta- bles and drawing one of the delivery wagons of the Lace House was struck by outbound car 517 of the Sacramento street line between Polk street and Van Ness avenue yesterday afternoon and badly mangled. After some delay Officer Hoop- er of the Society for the Prevention of Cruelty to Animals was summoned and the beast was put out of its misery. No arrests were made pending an investiga- tion as to the responsibility for the acci- dent. . . o S e Bekins Van and Storage Co." Packing, mov- ing and shipping at lowest rates. 630 Market. * TU. 8. Circuit Court of Appeals. The United States Circuit Court of Ap- peals handed down a decision yesterday re\'eulnfil the judgment of the United States sgrict. Court of Alaska in the case of James L. Galen vs. the steamship Oregon and the White Star Steamship 'om; V. This was action to recover for non-delivery of freight to C:m fi;me The rict Court = Jfin 2 Bl?t et Court had given ent Busin & lunch at Cl?:n. i m.ey | Weodworth g | | | BARBERS MAY 60 ON STRIK If an Increase of Pay Is Denied Men Will Walk Out. Employers Are Inclined to Refuse and Trouble Is Feared. - Unless the master barbers\grant the de- mand of their journeymen employes for an increase of wages to $l4 a week a general strike will be ordered. This was the decision taken at a meeting of the Journeymen Barbers’ Union No. 148, held at 32 O’Farrell street last night. The average wage of the barbers at the present time is §12 a week. Some time ago the union adopted a mew scale of wages, which called for $14 a week for journey- men barbers. This schedule also demand- ed 9 a week for men employed in the | evenings and Saturdays and Sundays; | $7 50 for men employed Wednesdays, Sat- urdays and Sundays, and $6 for men em- ployed on Saturdays and Sundays. This schedule was presented to the Master Barbers’ Union, and after some consid- eration the employers decided that they could not meet the demands. The result was some talk of a strike, and in order that the employers might be given a chance to express their views a confer- ence was arranged for last night. President H. Conrad of the Master Bar- bers’ Union and Messrs. Glassman and Seppich, representative employers, ad- dressed the journeymen, of whom nearly 500 were present. They sald that the smaller shops could not afford to meet the demands and that they alone would suffer, as the larger shops are paying more wages than the new schedule de- Jmands. WILL REFUSE DEMANDS. Speaking in behalf of the smaller shops, President Conrad said the demands would be refused. The master barbers had no desire to refuse their employes anything within reason, but they could not agree to pay the increase of wages demanded. he union members discussed the maj- ter at length after the departure of the master ‘barbers, and a resolution was adopted amid enthusiasm to stand by the new schedule. A committee was appoint- ed to wait upon the employers to-day and notify them that the schedule must go into effect by June 9. Should the em- ployers refuse a general strike will be or- | dered. The journeymen expressed the belief that the employers will grant the de- mands as soon as they see their employes are determined to stand for them in a body even to the point of striking. On the other hand, many of the smaller em- ployers say that the increase would ruin them and virtually put them out of busi- ness. The twenty-sixth convention of the In- ternational Journeymen Horseshoers’ Union (i:mvened at Pythian Castle yester- day with a large attendance and President | James Saxton in the chair. The sessions will continue throughout the week. WELCOMED BY MAYOR. Mayor Schmitz welcomed the delegates to San Francisco in a warm address, which was received with enthusiasm. An | address was made in behalf of the Snn" Francisco Labor Council by President W. | H. Goff, and Walter Macarthur voiced the greetings of the Water Front Federation. | Brief addresses were made by Michael | Casey, Patrick Boland and others. | Only business of a routine character was transacted at the sessions yesterday. A | committee on entertainment Is arranging | a fine programme. The committeé con- | sists of E. J. McGlade, J. A. Halk, Timo- | thy Creedon, Richard Murray, John Hor- | ton, J. A. Adams and Thomas Doran. The dispute among the union carpenters | remains unsettled. At a meeting of union | 483 of the Brotherhood last night it was | stated that the number of men now ar- rayed against the Building Trades Council exceeded 1700. The Brotherhood men re- | iterate their statement that McCarthy and | his followers are hopelessly beaten, not- | JURIST WHO RENDERED AN IMPORTANT DECISION IN BOARD OF HEALTH CASE. I | % = | this court has no jurisdiction in this suit | to_do. | The foregoing disposes of the demurrer and | the motion to dissolve the injunction. The | motion to strike out is directed at the allega- | tions of the complaint regarding want of notice | and an opportunity to be heard. While th: | allegations cannot, for the reasons hereinbe stated, be of any importance In determining whether or not the removal was a valid ex- ercise of power, they show the grounds upon | which plaintiffs base their claim and should | remain in the complaint in order that the same may disclose that a contest s made in good | faith upon some: basis. H For the foregoing reasons the demurrer will be overruled, with leave to answer within ten | days; the motion to dissolve and the moticn to” strike out will be denled. BENNETT TELLS - OF MAING' WILES Dr. Charles E. Bennett of Wauseon, O., was the first witness in the United States District Court yesterday in the trial of C. R. Mains, indicted for using the mails with the intent to defraud Dr. Bennett out of $3000. The doctor told the jury how he had’come to this city from Chi- cago last fall with Mains, whom he had met but a short time previously, and how after his return to the East Mains had written from this city representing that he was the agent and Walter Scott Gif- ford the actuary of the following named wealthy syndicates: Combined Bankers, Paris Investors, Consolidated Roads, the | i United Capitalists ‘of London, Stock and | Bond Brokers, Oll Investors, and*American | and European Capitalists'’ Syndicate, all | of which seven were represented by the versatile- and imaginative Mains to pos- sess a combined capital of four billion | dollars. Letters in which Mains offered the doctor the presidency of the controll- ing syndicate for $3000 were identified by the doctor as having been received by him - at the Wauseon postoffice from | Mains. . ‘Walter Scott Gifford, who was repre- sented by Mains as being the actuary of these aggregations of wealth, with offices in London, Paris, New York and Chicago, took the stand and testified that he was earning an honest living as telegraph operator at a meager salary by work- ing for the Southern Pacific Com- pany at Pacific Grove. He testi- fied that he signed the papers of incor- poration of some of those organizations as actuary at-ehe suggestion of Mains and to oblige him. knew nothing whvfiver as mdtl:es‘::llten‘clel of the cor- porations named. ar as he kne Y ifora Wil b in hvig ord wi e cross-examined to- John J. Jury is_assisting~ Mains md:fi;' defense, and United States Attorney 0 and First Assistant E. J. Banning are conducting the case for the Government. . Adams’ Sarsaparilla Pills. Small, deliclous chocolate-coated pellets. for iousn constipation, biliousness, siclc huduhe-,vd!l- ‘ | ing sight of him. | cused of striking John withstanding their assertions to the con- trary. ’[h’e Brickhandlers' Protective and Be- nevolent Union celebrated Its crystal anni- versary Saturday evening with a smoker and banquet. Addresses were made by all | the charter members. George F. Hlne—l’ kamp was chairman and M. Wogelius | toastmaster. The committee of arrange- ments consisted of P. J. Petersen and E. P. Anderson. ARRANGE CEREMONIES FOR MEMORIAL DAY Military, the Navy and Civilians to Take Part in the National [+ SEEKS GRAVE WITH HUSBAND Young WomanvShoots Herself on Learning She Is Widowed. Mrs. Emery Hears of Spouse’s Suicide and Tries to End Her Life. Despondency brought on by her hus~ band's tragic death caused Mrs. Lily Emery to make an attempt on her life yesterday at her home, 318 Taylor street. Procuring a 38 caliber revolver, the wom- an went to her room and fired a shot into her left breast. Some time after the trag- edy friends found Mrs. Emery in a dying condition on the flcor of her room. An ambulance was summoned and the woman was hurried to the Central Emergency Hospital. Drs. Osmers and Weyer, after. an examination, declared that there was but little hope of her recovery. Al For the past three months Mrs. Emery, with her two children, a boy and a girl, aged fespectively 2% and § years, has oc- cupled. rooms at 318 Taylor street. Her husband, Lewis Emery, an _electriclan, had been meployed on out of town con- tracts during most of that time. On Thursday last Emery visited the city, only to be ordered to Mendocino City on some work. Two days later Mrs. Emery received a telephone message from W. V. Lockwood, Emery's employer, that her husband had committed suicide, and ask- ing what_ disposition she desired to be made of the body. Emery had carried a life insurance pol- icy of some $2000 and Mrs. Emery, after ordering the body shipped here, set about with her brother-in-law to gather the nec- essary papers needed in the settlement of her husband’s estate. During yesterday afternoom Mrs. A. B. Ament of 612 Jones street called on Mrs. Emery and invited her to her home. Mrs. Emery_ took her children with her. At about 5 o'clock, the childrén being asleep, Mrs. Emery left the house, saying she would return in a few minutes. ~ ing her absence her brother-in-law called at Mrs. Ament's. After waiting awhile he became alarmed that something happened, and accom led by Mrs. Ament he went to his siSter's room. In response to his knock Mrs. Emery sald that she was dressing and asked him to return. He returned later and getting no response from the room, forced an en- trance from a rear window and found Mrs. Emery In a dying condition. When asked for an explanation for her deed, Mrs. Emery sald she had left a note that would.explain all. The note read as fol- lows: *Lewis was not afraid to die, so I am going with him. The little flat band ring save for Buddle: it was my engagement ring. All the rest give to Thelma. Tell her that the little stamp case was the first present papa ever gave mamma. You will find everything In the box. If I live I will only be a burden, and I know the children will be well cared for. Try not to separate them, as they will be lome- some.. Aunt Rhoda will Riss them for me. I did not have the heart to do it. Poor little things. They are too young to understand. [ will be happler with Lewis, than left behind. Don't bury me before you do Lewis. LILLIE It is believed that Emery took his life because of financial troubles. Mrs. Em- ery Is but 22 years of age. Pleads Guilty to Assault. Thomas Brady and James MeKeever, charged with assault to murder, pleaded fity to simole assault befors Judge unne yesterday, and were ordered to appear for sentence to-morrow. They were two of the five men arrested for firing shots at Policeman Callahan on Second street, September 5, during the strike. Thomas Hogan, one of the men, was convicted of assault with a deadly weapon and was sentenced to five months in the County Jail. John Carr and Charles Conwell have yet to be tried. DR. PIERCE’S REMEDIES. ‘When a phrase ig coined out of world wide human experience it is apt to be brief and essive. We are “rum. down” we say in the endeavor to de scribe a relaxed physical condi- tion, and all the terminology of medicine could not more ex- pressively de- scribe the actual condition than Exercises. A meeting of the Memorial day com- | mittee was held last evening at the Cali- | fornia Hotel. Horace Wilson presided. | The matter of bands and ether details connected with the parade were consid- | ered, the following taking part in arrang- ing the programme: | G. W. Arbuckle, T. D. Barnstead, | Charles Edelman, C. J. Handley, J. C. Innes, A. S. Isaacs, F. E. Myers, W. J. Ruddick, E. S. Salomon, S. M. Shortridge, H. T. Sime, Horace Wilson and E. W. Woodward. Governor Gage Wwrote regretting that prior officlal engagements would prevent him participating in the parade. He, therefore, had requested the Adjutant | General to attend as his representative. Mayor Schmitz wrote declining to be the ! orator of the evening. D. E. McKinlay | accepted the invitation to deliver the | memorial address and Judge A. J. Buckles | has promised to deliver the oration at the National Cemetery. Owing to the sailing of the Wisconsin Rear Admiral Casey regretted that his bluejackets and marines could not r- Uclpate in the parade, though three Hotchkiss one-pounder rapid firing guns’ crews from the United States steamer Marion will march. Chief Wittman wrote promising his aid. R JURY ACQUITS CHINESE CHARGED WITH MURDER Richard Fer Also Acquitted on a Charge of Assault to Murder. . Chuey Dip, a Chinese, was acquitted by a jury in Judge Cook’s court yesterday on a charge of murder. The jury was | only out a few minutes. Dip was accused 0i shooting and killlng Chung How at Washington street and Fish alley on the afternoon of February 11. Sergeant Con- boy chased and cn_lgl:ured him, never los- e verdict was a com- | plete surprise to the prosecution. He was defended by Attorney W. S. Barnes. Richard Fer, ‘a shoemaker on Sixth street, Was acquitted by a jury in Judge Lawlor’s court yesterday on a charge of assault to commit murder. He was ac- Hynes on the head with a club on February 23. Fer had teen annoyed by boys throwing stones into his shop and he caught one of them. He was blowing a police whistle when nyn:'sl kl:iog‘ked (nl]letwdh{)“h out of his mouth and he retaliates hittin; On the head with the club. i —_————— Plans for Bunker Hill Day. The Bunker \Hill Association has com- pleted arrangements for the celebration of the anniversary of the famous battle. It will be held at Los Gatos on June 1. Mayor Schmitz has been chogen as the orator_for the occasion. Secretary of War Root has ordered that salutes be fired from all the harbor forts on that day. ————— Baehr Contempt Case. The case of Harry Baehr, City Auditor who was cited to appear before Judge' Cook to show cause why he should not be punished for contempt of court in refusing . to draw a warrant for yment of $26 fees claimed by Andrew ackson, a juror, was called yesterday morning. Attorney Cobb, representin; the Auditor, asked for a continuance il Saturday, as he was not prepared to. argue the case, and it was granted. that every day phrase. It sug- gests the clock, perfect mechan-| ically, but failing to record the of time use it is run- People who have tired out, run-down feeling will find new life in the use of Doctor Pierce’s Golden Medical Discovery. This Tatmedi.dneia far more than a tonia, t cures diseases of the organs of tion and nutrition, and enables the fect ion and assimilation of 'h;ih alone all physical strength is made. “The reason I del was s i now I can send a ial writes S SR Serpeant.of Piame B became atl * et 2 adison Co., Ohlo. fall of 1896 1 out of order and stomach ouf to b and advised Dr. Pierce" ', thanks ey i n-buaouy-fir- miserable bu: My bicod and n fact, well—in b3 nn;tm:c.- . Pierce’s Pleasant Pellets’ bowels active and health; _— AUCTIONIOFAUC'I'ION! THE SCULLY RANCH. Three and one-half miles from Hollist Beaito csxnngsmnen Fruit Land in the World Al in_subdivisions of from 20 to acres, or any size to suit purchaser, will be sold at guction on Y SATURDAY, MAY 23, 1902, At 11 oclock a. m. The sale will be he on the property. Fifty per cent can remain on mortgage. Fine Barbecue Lunch will be pro- vided on the grounds before and during the sale. Parties from San Francisco will take the Coast Division Train at 2:45 p. m. on Friday May 23, and arrive in Hollister at 6:15 p. m. same day. Returning. leave Hollister after tho sale at 3 p. m. on Saturday, rive in San Francisco at 7:30 Send for catalogue. MCcGLYNN & MENTON Real Estate Agent: o eers, C'HRONICLES Bll?gbgl‘t‘?go“ Weak Eyes Strengthened Patnfui~or Iuflamed eyes in- stantly relieved Wilhl}l’;\)fl\‘dfl MAYERLE'S German _Eye Water, S0c, at 1071 Market st. Tel. South §72. None gen- uime without this trzlltm-rk._ 6 Hlrnr = signatare 1s on every box of the genums ini ‘Tablets Y 3