The San Francisco Call. Newspaper, May 27, 1902, Page 14

14 " THE SAN FRANCISCO CALL, TUESDAY, MAY 27, 1902. MAY DECLARE PEAGE S00N Builders Will Discuss Troubles With the Carpenters. Brotherhood Men Say That McCarthy Has Lost His Fight. The directors of the Builders’ Protective Association met last night and considered the proposition advanced by the Brother- hoocd of Camenira relative to the res- toration of peace between the warring fections of carpenters. The matter was referred to a special committee, which will Theet with a like committee from the mew district council of the brotherhood to-day, when it is believed some definite plan will be agreed upon. Thus far the fight between the brother- hood and the.Building Trades Council has resuited only-in loss of time and ex- pense for the members of the unions af- filiated with the Building Trades Council who have been called off jobs because men of the brotherhood /were at work thereon. As the brotherhood carpenters are all at work they have paid little at- | tention to the discomfiture shown by the members of other unions, such as the | lathers, plumbers, painters, galvanized iron workers and others. The result has | been great dissatisfaction among the rank &nd file of the unions, and it is predictec thet a general breaking away from the | Bullding Trades Council will result.at an | early date. At a meeting of union No. 483 of the Brotherhood of Carpenters last night it was reported that 1600 Joyal brotherhood men were at work in the city, and that more could find work if they were here. It was also shown that union No. 22, of which P. H. McCarthy is president. and which was suspended by the brotherhood, was accepting apprentices in_order to | make & showing of strength. The state- | ment was made that cCarthy, who realized that he was losing ground, was | resorting to every means at his command | to make a showing of strength. The | brotherhood unions now regard their fight | &s already won, and great enthusiasm 1s manifested in consequence. The boxmakers last night sent out their | new schedule of wages, the features of which have already been published. The schedule will be referred to. the. Labor Council for ratification, and” when that action is taken it will go into effect. | The journeymen barbers considered re- | ports last night concerning their schedule | of wages, which is to go into effect on | June 8. It was reported that the em- | picyers, with few exceptions, were favor- &ble to the proposed raise. The schedule will be acted upon by the Labor Council | Friday evening. —_— e PROMINENT SHIPBUILDER | IS VISITING NEPHEW B:EBE James Lyle of Honolulu Returns to | Coast After Many Years’ | Absence. prominent shipbuilder of | with his wife and daughter, | few days in this city with his A G e of 133 Alpine street. way to Norwich, Conn. ne of the best known shij West. He was formerly i Portland, Or. He left there | ty-one years ago to go to Honolulu ruct a marine railway. He is at | 2 member of the firm of Sorenson | of Honolulu. | —_——— Lichtenstadter Gets Dillard’s Place. he whereabouts of William H. Dillard, colored clerk and messenger in the ted States Internal Revenue C. Lynch, is still unknown | | Coliector yesterday appointed Martin ~ Lichtenstadter, a . to the vacant position. Dil- a handsome octoroon, is very ncerned regarding his absence. | ormed the Collector that -Dillard | gave her the whole of his month’s salary | wher tor e~ e was leaving to go on his vaca- excepting $8. He did not take a nge of clothing with him and she is ful that he may have been the victim f foul play. —_———— McMullen Was Too Rough. | Octavia L. Bradfield, 1010 Bush | to a complaint before Judge s vesterday, charging J. A. Mec- real estate agent, with batterv. ed that McMullen called at h-r ¥y about some business, and | the telephone_to communi- | her atiorney. McMullen ob- | d, grabbing her by the shoulders, | her away from the telephone. | six months ago Mrs. Bradfield had | llen arrested for obtaining mony by | preter but the case was dis- aissed by Judge Fritz. a; i | | went upstairs to a dobr leading into the | the detinue book and the case was not as- | LEVINGS BEFORE COMMISSIONERS Policeman Accused of Soliciting Bribes Is on Trial Wittman Conducts- Prosecu- tion of Case Against Officer. The case against Policeman L. L. Lev- ings, who is charged with having at- tempted to extort the sum of $150 from Mrs. Darling to square, a case in the Police Court against J. E. Crothers, allas McWilliams, was vigorously prosecuted before the Police Commissioners yester- day afternoon. Chief Wittman had all the witnesses against Levings on hand to tell their stories, save Mrs. Darling, who is seriously 11l at her home, 913 BEddy stree.. Levings was not representgd by an attor- ney, preferring to act as his own coun- sel. Grover Klemmer, who alleges that with Attorney Douglass he stood behind a glass door in Mrs. Dar- ling’s house and heard Levings make the proposition to ‘ square the case, or rather have the charge reduced from grand larceny to petty larceny pro- viding Crother§ would plead guilty, was called to testify. He_testified that on Levings' first visit to Mrs. Darling’s flat he ‘Klemmer) answered the policeman’s ring at the doorbell and showed him into Mrs. Darling’s presence. Klemmer testi- fied that after gle let Levings into the house he (the witness) left it by the back door and going down into the basement hallway where Levings and Mrs. Darling were sitting and through the door he heard Levings make an offer to square the case for the sum of $150. TELLS OF SECOND VISIT. On_the occasion of Levings’ second visit to the house Klemmer testified that he again heard the policeman make an offer o square the case for $150. According to the witness Mrs. Darling tried to get him to take $100, saying that it was all that| she could afford, but Levings was firm and stated that he would not dirty his hands with the case for less than $150. Rigid cross-examination, conducted by the accused policeman, falled to shake Klemmer's testimony. , Atzorney Douglass was then called and corroborated the story of the ‘affair as told by Klemmer. Chief of Police Witt- man read the testimony that Douglass gave in the Police Court to ascertain if the witness was willing to testify to the same state of facts i Levings objected RENO MARRIAGE ENDS THE SMITHS’ TROUBLES Son of Prominent Drayman Weds the Young the Cause of Suit for Brought by His Wife Woman Who Was Divorce That Was ain. strenuously to a(fils preceeding, on _the | ground that even if the witness told an | untruth under oath in the Police Court | he would not be likely to admit it during | the inquiry before the Commissioners. The | board overruled the objection and ordered | Chief Wittman to proceed with the read- | ing of the testimony. | Marc Augenblick, a retail and wholesale | liquor dealer for whom young Crothers | worked, testified that Levings told him | that Mrs. Darling offered to pay him $150 | to reduce the case from grand larceny to | petty larceny. On cross-examination, | however, Levings secured the admission | from the witness that he (Levings) had | told the witness that he did not intend to | have anything to do with Mrs. Darling’s proposition. SOLOMON TESTIFIES. | Attorney Solomon was called upon to | testify to a conversation of little import- | ance on the case which he had with Lev- ings while the case against Crothers was pending in the Police Court. Judge Mogan testified that at the time Levings is al-| leged to have demanded the $150, a por- tion of which it is alleged he said was for | the Judge. the defendant Crothers was on | signed to any court, a state of facts which | was readily admitted by Levings and Chief Wittman for the prosecution. Mr. Esberg, a partner of M. A. Gunst, from whom the goods were stolen by Crothers. told how Mrs. Darling sought | him, with tears.in her eyes, and tried to get him to drop the prosecution of the | case. The matter went over until this even- ing, when the time of the further hear- ing of the case will be set. Mrs. Darling is said to be too ill to attend the investi- gation, even if it were put over a month. When the investigation is taken up again Levings will introduce the witnesses ror the defense. i McWilliams Case Continued. The case of F. W. McWilliams, alias Crothers, charged with grand larceny, through which the alleged extoruon by Policeman L. L. Levings was brought to light, was called in Judge Mogan's court yesterday. The Judge denied the motion of ex-Judge Low to dismiss the case on | the ground that the charge should have | been obtaining goods by false pretenses, holding that it was grand larceny, as the title to the goods had not been parted | with. Low then asked for a continuancc | till to-day, as he wanted to call Marc Augenblick as a wvitness, and it was granted. " The fabrics used in these suits are de- light fully suitable for summer wear, being light and medium colored Tweeds, reg- ular $;7,5o to $45.00 val- ues—just the material for traveling or outing suits. We will make }hem up for a short time or $30.00 5 This is an opportunity that ladies who know the high qualities of the Keller tailoring will not care to miss. Don’t put it off, but come imme- diately and order one of these suits, oA, LT 1028-'030 MARKET ST., | _F. A. Childs, Grant D. Miller, HARLES A. SMITH and Florence Smith were married at Reno on the 16th inst. Smith, who is a son of C. A. Smith of the draying firm of McNab & Smith, was mar- ried in 1895 to the woman he left to wed his new wife. He and his former wife lived very happily for several years, two children being born’ to them. Then Smith met Miss Florence Smith, the charming daughter of Ferdinand Smith, the broker, and fell in love with her, and the young woman ‘returned his affections. Finally the former Mrs. Smith filed a suit for di- vorce, charging her husband with deser- tion.. The 'suit never came up for trial, as a dismissal was filed, both Smith and | his wife agreeing to try and forget their little differences and the presence of the broker's daughter. after the dismissal of Mrs. Smith's suit Smith brought an action for divorce on the ground of desertion, which was fol- lowed within a few days by a suit filed against Florence Smith by Mrs. Smith for | $50,000 damages for alienation of affec- tions. Mrs. Smith was granted a divorce on the 16th inst., leaving Smith free to wed Florence. They went to Reno, and five days after the divorce was granted be- came husband and wife, the first Mrs. Smith in the meantime contenting herself with the custody of the offspring of her marriage to Charles A. and a liberal set- tlement. The suit for damages will be dismissed within a few days, and the Smiths, Annie, Charles and Florence, will be contented. Mrs. Smith the second is quite wealthy, having received upon her twenty-first birthday a fortune aggregating $30,000, COLONEL CHAMBERLAIN TO LEAVE FOR MANILA War Department Appoints New Chief Inspecting Officer for Depart- ment of California. Lieutenant Colonel Chamberlain, who has been chief inspecting officer of the Department of California since April, 1901, has been ordered to the Philippines for duty. been on duty at Governors Island, New York, will be his successor. Colonel Chamberlain is a great favorite among the officers of the dgpartment and general regret”is felt that he must leave. He is best known through his work in connec- tion with the transport service at this port. About thirty recruits and casuals, in command of Captain E. C. Carey, Thir- tieth Infantry, have been ordered to leave for Manila on the Buford, which is scheduled to sail on June 1. who will leave on the Buford are Captain Hershel Tues, First Infantry; Captain H. B. Dixson,.Ninth Cavalry; Lieutenant I. P. Thompson, Twenty-sixth Infantry, and Captain W. 8. Scoit, First Cavalky. —————— Philomath Club’s Performance. annual theatrical entertainment yesterday afternoon at Native Sons' Hall, “Corner Lot Chorus.” a one-act farce, by Grace L. Furniss, was rendered with suc- cess. Mrs. William Greenbaum, as Sprig- gle Van Der Hunk, and mrs. S. §. Kahn were especially_good. Other ladies that took part were Mrs. W. L. Mack, Mrs. M. C. Sloss, Mrs. Julius Triest, Miss Edith Bsberg, Mrs, A. Abrams, Mrs.- L. Lewin, Mrs. 1. J. Wiel. Miss Adele Welisch rendered a violin solo. The play was pro- duced under the stage direction of Mr. Leo Coope: Carried Knockout Drops. Henry Otto was arrested about a week ago by Policeman Cavanaugh and booked on a charge of vagrancy. When searched a small bottle was found in his_pocket, which was sent:to the City Chemist to be analyzed. He reported: yesterday that the bottle containeéd chloral hydrate, com- monly called “knock-out drops,”-and Otto was booked at the City Prison for having knock-out drops. In his’ possession. It is sald that his father is a wealthy hat and cap merchant in Stockholm, S8weden. Otto declares he had the stuff in his possession as medicine. ——e——— Steamship Valencia Libeled. w. I Russell, W. C. Cavitt and Grant C. Smith filed a libel yesterday in the United States District Court against the steamship Va- lencia to recover damages In the sum of $7000. The comglaflnt alleges that on May 26, 1900, the libelants paid $75 each for second-class passage to Cape Nome, and that in violation of the contract they were Toox e At Printed Lottery Tickets. The cases of Walter Nicholson and Ber- nard Wilhelms, employes of the Pacific Lithographic Company, 537 Washiggton street, charged with aiding and abetting SAN FRANCISCO. ALSO OAKLAND. Rt deseax s Ladies’ shirt ~waists = * made to order in speci- ally desirable styles at Teasonable prices. a lottery, were tried before Judge Fritz vesterday. Nicholson was convicted and ordered to pay a fine of. $100, and the charge against Wilhelms was dismissed. This is the second fine of $100 imposed upon people connected with this company within two weeks, and on each occasion a ilar]‘e number of lottery tickets were seized. But it was not to be, for two months - B B e e i R R R e Colonel Peter D. Vroom, who has | Other officers | The | placed in the steerage and fed on bad! L YOUNG PEOPLE WHO OVER- CAME MANY OBSTACLES TO HAPPINESS. o v vhich had been left in trust for her by her grandparents. Charles A. Smith, who for a number of years has been an em- ploye of the Southern Pacific and Santa Fe railroads, is now a prosperous dealer in draft horses, having embarked in this business a week or so previous to his marriage. DECISIONS BY UNITED STATES APPEAL COURT Judgments of Lower Tribunals Af- firmed in Four Causes Sent Up for Settlement. Judges Gilbert, Ross and Hawley occu- pled the bench yvesterday at the session of the United States Circuit Court of Ap- peals and handed down opinions as fol- Tows: Alaska United Gold Mining Company vs. Pat Keating—District Court of Alaska; judgment affirmed Excelsior Wooden Pipe Company vs. city of Seattle—Circuit Court, Northern District of Washington: judgment affirmed. William A.“Clark and J. Ross Clark, under the firm name of W. A. Clark & Brother—Cir- R of Montana: judgment affimed. vs. United States of America— —Judgment of the District Court affirmed. e Doctors Wanted in Manila. On June 17-18 an examination will be held fn_San Francisco and other cities for the positions of medical inspector and physician in the Philippines service, at a salary of $1300 to §2000 per annum. These | positions are in the Philippines Civil Hos- The Philomath Club of this city gave its | pital, Bilibid. Prison, San Lazaro Hospital and under the Board of Health, and in some' instances include quarters in addi- tion to the salaries. Some of the appoint- ments from the medicai examination may be made to the position of president of {Jl‘ovlncla] boards of health at salaries of less than. $2000 per annum. Persons who desire to enter this examination should apply to the United States Clvil Service Commission, Washington, D. C., or to the secretary of the local board of examiners, Postoffice, for apvlication forms 304 and 375, which should be filed with the com- mission at the earliest practicable date. et St e The Erie Railroad. Beginning on June 15 next will inaugurate a new limited train service between Chicago, New York and Boston, leaving Chicago at 10:30 every morning and arriving in New York at 3:80 the next afternoon, with a Boston sleeper racking there the sedond evening. Travelers going. East will find In this train everything that comfort and luxury cah suggest or de- mand—Pullman drawing-room sleeping cars ot the lafest type; unequaled dining-car service with meals at pobular prices; fast time over a track made perfect with rock ballast'and made safe hy the operation of the biock signal anc intericcking system. 1f you have not seen the beautiful valleys of the Susquehanna and Delaware rivers tra- versed by the Erie you have missed one of the most delightful sections of the East, Be sure that your tickets read via the Eris Railroad. — e Chin Suey Is a Native American. United States Commissioner Heacock yesterday allowed Chin Suey, a Chinese female, to be landed, the evidence havin, satisfied him that she was a native o Michigan Bar in this State. Chin Suey had been denied a landing by the Coi- lector of the Port and attempted to com- it suicide a few weeks ago by jumping iuto the bay from the deck of a steamer. —_———— Mitchell Goldstone Dies Suddenly.. Mitchell Goldstone, of the firm of M. Goldstone & Son, 404 Market street, died suddenly yesterday afternoon at 1:35 o'clock in front of the Spring] Vailey Water Works building at the Stockton and Geary streets. He had been suffering with disease of the heart for a long time. He was a native of Germany and 72 years of age. | bringing her once more in touch with the “ourt, Northern District of Californla | TROUTT ANNULS JL MARRIAGE Decides That Frank An- _ gelovich Intimidated - Miss Partman. Tfioli Chorus Girl Sues for Divorce for Failure to Provide. The marriage of Barbara Angelovach to | Frank Angelovich was annulled by Judge Troutt yesterday because the consent of Mrs. Angelovich to the ceremony had been obtained by intimidation. The wed- ding took place at the City Prison last November, where Mrs. Angelovich and Angelovich were confined on a chargde o§ vagrancy, both having been arrested a tha‘ Olyelnplc Theater by Police Officer Coleman. Angelovich was convicted and sentenced to six months’ imprisonment in the County Jail, but Miss Partman was acquitted. " Before the trial, however, An- gelovich, by means of threats to kill her tamily, ‘“‘even unto the fourth genera- | tion,” prevailed upon her to become his wife. Mrs. Angelovich, fearing that the release of her husband, which will occur within a few days, will be the means of police, prefers single blessedness, hence the suit for -the annulment of her mar- riage. = Fiorence Homan was granted a divorce from Edward Homan, proprietor of the Midway Plaisance, by Judge Graham yes- terday. She secured the decree on a Cross- complaint charging desertion. Charles E. Morse, an engineer in the employ of the Pacific Mail Steamship Company, who is being sued for divorce by Minnie Morse, In an answer and cross- complaint filed yesterday denies his wife’s charges and accused her of treating him cruelly. He alleges also that she is not a fit person to have the custody of thelr two children, and asks the court to grant him a divorce and award him the custody of the children. ; Lucile Mathews, a member of the Tivoll chorus, is suing Oscar Mathews for di- vorce, alleging that for the last year he has tailed to provide for her. She asks ermission to resume her maiden name, organ. They were married in October, 1900. A suit for divorce on the ground of de- sertion was commenced yesterday by Marguerite Westlake against Leonard J. Westlake. She allege: that Westlake abandoned her in Alameda two years after their marriage at Sacramento. Thomas B, Eagan of the construction department of the United Railroads has been cited to appear before Judge'Kerri- gan June 2 to show cause why he should not be punished for failing to pay his di- vorced wife, Mary Eagan, alimony for the months of April and May at the rate of $65 a month. Frank T. Wheeler, who was married to Addie A. Wheeler at Portland, Or., in July, 1895, filed a suit for the annulmert of his marriage yesterday. He alleges | that Mrs. Wheeler was the wife of O. C. Baldy at the time she became his wife, and that her marriage to Baldy had never been dissolved. Divorces were granted yesterday to Charles Carr from Lillian Carr. for deser- tion, Minnie A. Vogelgsang from Fred G. Vogelgsang for neglect and G. F. Keetly from Marion Alice Keetly for cruelty. QUOTATIONS SUSPENDED BY DAIRY EXCHANGE Merchants Vote for Change of Policy Until After Speculative Period Has Passed. The members of the Dairy Exchange held a meeting’ yesterday afternoon and decided after a thorough discussion to eliminate the exchange's quotations until the 1st of next September. By that time it is expected that.the speculative period | will have been passed and that the mar- ket will have become firm enough to es- tablish a standard. By suspending the quotations for the time being the exchange has succeeded in perpetuating its own existence, for it is certain that had a change of policy not been adopted several of the most im- portant firms connected with the ex- change would have broken away. The quotations are the only portion of the exchange's system that has been changed. he statements and receipts will be issued as usual. When the meet- ing was, called to order yesterday after- noon the eight firms which led the fight gainst the continuation of the quota- tlons while speculation is in progress were requested to withdraw and arrange their demands in such a form as might best be presented to the meeting.’ The eight firms | did so, and they also decided to inform | the other members of the exchange that | they reserved the right to break away at any time that the policy of the exchange became obnoxious to them. | The suspension of the quotations will leave all the wholesale dealers in butter, eggs and cheese free to set’ their own prices on those commodities. It will also | -result in the shippers or producers receiv- ing better prices for their produce. D o T BT { To-Morrow (Wednesday) Morning The public will once more be grateful for the oppartunity they are going ‘to have at the opening of the gigantic clothing as signee sale. Mr. P. C. Kelly wlll see that every person is well taken care of. There will be plenty of clerks to wait on you. Come around to-day and have a look at | the beautiful men’s suits. The windows | display them, the store is full of them. Don’t try to talk to the men, for they will be busy getting the stock ready for the sale. Your time will be to-morrow; vour $4 65 will do the talking. At this remarkable price the D. M. P. clothing, consisting of Thibets and pure clay worsted diagonal, in blue and black, brown, oxford fancy cheviots and cass meres, strictly all-wool men's suits, worth none less than $10 wholesale, will be sold for $4 65 when the clothing assignee’s sale | begins to-morrow at the Boston, 773 Mar- ket street, near Fourth. - ————— A Narrow Escape. ! Thomas Green and Charles McGifford | had an exclting experience Sunday after- noon while fishing off California City, and were it not for the crew of the quarantine beat off San Quentin they might have fared badly. A sudden squall washed their oars overboard and the_tide began to carry them out to sea. Fortunately their drifting boat ran near the quaran- tine boat and they were picked up and taken aboard. —_————— Sentenced for Assault. Thomas Brady and James McKeever, who pleaded guilty to simple assault in | Judge Dunne’s court for shooting at Po- liceman Callahan in September last dur- ing the strike, appeared for sentence yes- terday. The Judge sentenced each to pay a fine of $180, with the alternative of ninety days in the County Jail ——————— ‘Lieutenants Pass Examination. The civil service examination of Police Lieutenants John B. Martin, M. O. Ander- son, George Birdsall and John Mooney for promotion to be captain has resulted suc- cessfully, each passing the examination in the order named. Inasmuch as. there are only two vacancies to be filled, Martin and Anderson will wear the coveted chevrons, ———————— Wil Speak on Colorado. Gilbert McClurg, secretary of the Colo- rado Springs Chamber of Commerce, will deliverga lecture at the Y. M. C. A. Audi- torium this evening entitied *‘Peak, Pass and Plain, The lecture ‘will be illus- trated with over 20 views of picturesque Coelorado. The public is invited to attend. No admission will be charged. ———— In Memory of Bunker Hill. Major General Hughes, commander of the Military Department of California, has ordered the national salute to be fired frem the forts of San Francisco harbor ese‘r‘i:‘;l-esel\?.enfgh ':l‘tha one hundred and tyenty seventi'a n4vers:ry of the battle ——————T Adams’ Sarsaparilla Pills (Chocolate coated) cure Constipation, Bilious- { Police. LABORERS MUST | JOHN MACKENZIE KEEP CONTRACT3 Judge Ross Lays Down the Law for the Workers. Agreements Under Coercion to Raise Wages Are Invalid. Eighty Itallan fishermen, headed by Farce Domenico, put on sackcloth and ashes yesterday when they were inform- ed that Judge \de Haven's judgment awarding them $4000 had been reversed by the United States Circuit Court of Ap- peals. The fishermen brought suit in the Unit- ed States District Court last year to re- cover $100 each on a labor contract. The evidence was that they contracted with the Alaska Packers’ Association to go on one of the association’s steamers to Alas- ka and work as sallors and fishermen, they to receive certain sums in propor- tion to the number of pounds of salmon cavght and other sums for working on the vessel. The men became dissatisfied with the result of the season's catch and | ac Pyramid Harbor, Alaska, they struck for $100 each over and above the contract, and threatened to leave the vessel in a body if their demand was not acceded to. The superintendent explained to them that he had no authority to rescind or | alter the contract made with the com- | pany, but was obliged to make a con- tract for the additional $3000. It was im- pessible for him to have obtained at that place laborers to take the place of the strikers to navigate the vessel home. OPINION OF INTEREST. The opinion of the Circuit Court of Ap- peals was written by Judge Ross. It will prove of great interest and importance to labor unions and employers of labor. | The opinion goes on to say: i From ithe foregoing statement of the case it will have been seen that the litigants agreed | in writing for a certain stated compensation to render their services to appellant In re- mote waters, where the season for conducting fishing operations is exceedingly short, and in which enterprise appellant had a large amount of money invested; and after having entered upon the discherge of their contract, and at a time when it was impossible for the com- pany to secure other men in their places, libel- ants, without any valld cause, absolutely re- fused to continue the services they were under contract to perform unless the company would consent to pay them more money. Consent to such a demand under such circumstances. it given, was, in our opinfon, entirely without consideration, for the reason it was based solely upon the Iibelants' agreement to render the exact services and none other that they were already under contract to render. BROKE OBLIGATION. The case shows that they willtully and arbi- trarily broke that obligation. As a matter of course they (were lialle to the company in damages, and it s quite probable, as sug- gested by the. court below, that they might have been unable to respond in d: . But we are unable to agree with the conclusion the | superintendent gave the men that he had no power to alter the original or to make a new contract, and it would, of course, follow that it he had no power to change the original he would have no authority to waive any rights thereunder. Judge Ross then quotes from King vs. Duluth M. & R. Co. 61 Minn., as follows: No astute reasoning can change the plain fact that the party who refuses to perform and thereby coerces a promise from the other Pparty to the contract to pay him an increased compensation for doing that which he is le- gally bound to do takes an unjustifiable ad- vantage of the interests of the other party. Judgment reversed and cause remanded, with instructions to enter judgment for the respondent, with costs. CATHOLICS WILL HOLD ANNUAL GRAND OUTING Members of Well-Known Society Will Journey to Fairfax Park on Decoration Day. The annual picnic of the Young Men's Catholic Union will take place next Fri- day, May 30, at Fernbrook Park. This well-kncwn society always gives a mast enjoyable outing. Special boats will be run_at short intervals in order to acecom- modate the large crowd which is expected to attend. A number, of games and athletic events have been arranged for and there will be numercus chances for young and old, thin and fat people to distinguish them- selves. A grand array of gate and game prizes are to be distributed among the fortunate ones. The band will cross the bay on the 9 o'clock boat and will dis- course music for dancing all day. 3 Hansen has been chosen floor manager and P. F. Callan will act as his assistant. Following are the committees in charge: Floor committee—J. Dunne, M. Kiley, P. J. Carroll, M. J. Hession, F. Rice and L. Mar- tenelll.” Game committee—J. M. Callan, J. Viz- zard and M. Coturri. Reception committee— E. P. McAulif, J. O Connor, J. E. Martin, H. Philpott, D. F. Ahearn, W. C. Billington, J. O'Brien and Rev. J. F. Byrne. —_—— CHARGES RELATIVES WITH "CONSPIRING TO KILL HIM Filippo Caldarello, Who Was Shot Last November, Sues Brother and Nephews for Damages. Filippo Caldarella, who was shot in the back last November by some one of his | relatives, filed’ a suit for $10,600 damages vesterday against his brother, Louis Cal- darello. and his nephews, George and Michael . Caldarello. The plaintiff_alleges that the shooting was the result of a con- spiracy formed by the defendants to cause his death. The Caldarellas up to store on Third street. Fllippo alleges that his father always hated him and wished him out of the way, and that he found ready accomplices {n his two sons. —————— City Denied a Rehearing. The United States Circuit Court of Ap- peals yesterday denied a rehearing in the case of Joseph W. Mather vs. the City and County of San Francisco in the mat- ter of Dupont street bonds. The United States Circuit Court a few months ago decided the case in favor of the city, but the United States Circuit Court of Ap- eals reversed this judgment and decided n favor of Mather. The city.asked for a rehearing and this request was denfed sterday. Five other suits against the city and county on Dupont street bonds and coupons were pending and judgment has been entered in accordace with the opinion of the United States Circult Court of Appeals. prat NS PERHRS Sl i Deasy Deserts His Wife. A. T. Beach, 31t Ellis street, swore to a complaint in Judge Mogan's c@urt yester- day charging Thomas Deasy with desert- ing his wife and two children for another woman, Mrs. Della Westwood, with whom he has been living in a house on Sutter street. Mrs. Deasy and her two children are living in Victo: B. C., where Beach says Deasy was one time Chief of ——e————— Kelly’s ‘Second Trial. The second trial of Thomas A. Kelly on a’ charge of forgery was set by Judge Lawlor yesterday for June 16. At the first trial he was convicted, but appealed to the Supreme Court and was granted a new trial. While clerk of one of the po- lice courts it was alleged that he forged names to worthless bonds. — e Captain Martin Arrested. A warrant was issued yesterday after- noon by United States Court Commis- sioner Heacock for the arrest of Captain Martin of ‘the transport Buford and the first mate on a cl of cruelty to the cook. The cook alleges that they triced him up by the thumbs and otherwise mal- treated him. ————— Date of Hanging Set. Judge Cook yesterday made an order fixing the date of Chun Keong's execu- tion at San Quentin for Friday, August 1. He shot and killed Chin Ging at Wash- ugton street and alley on Febru- ness, Sick Headaches, | Do ek les, Dyspepsia. 10c, 25c. < Ross ary 11 because he had robbed him of his wife and money. MANAGING B0SS . He Is Appointed to Lsad Fight for Gage in This City. Followers of Burns Express the Utmost Contempt for Herrin. The report that D. M. Burns as manager of the boss campaign in San Francisco has been supplanted by John D. Macken zic of Santa Clara seems to have founda tiom In fact. It is said that Burns' in- difference to the fate of Gage was o thing that suggesfed a change in b leadership. There is still another rep. that Burns and Kelly have been figuri together of late, and in their calcula: have not consulted Herrin. The ac politicians connected with the Primary League appreclate the fact that Mack, zle will endeavor to rally the Ga, glers in the several Assembly dist San Francisco. Probably the tion known as the Republican Committee, of which very little heard since the defeat of Wells an at the late municipal . election city, will be used as the nucleus besses. T. D. Riordan is chairm committee and Jesse Marks is a The story is credited that Bury Lynch and Jere Burke declined to hs the Gage campaign in San Francisc that Mackenzie was compelled b, force of circumstances to take hold machine. The politicians who are ally classed as belonging to push use the most significant the boss vocabulary to express t tempt for Herrin. Outsiders account for the bitterness. ia It that Herrin still recognizes Crimm though the little boss has no follow speak of. Burns makes no’ concealn of his contempt for Crimmi given out the word that he will politics with any man, higfl or low affiliates in any sense with Crimmin politicians in Gage's camp who are in sympathy with Herrin tell the Governo that fellowship with Burns is th reason of his great unpopularity. Gage constantly advised to break with B and inform the public of the break. The members of the push committes may ‘be called together early in June te consider the advisability of effecting dis- trict organization. As matters now stand the Primary League and the independent Republcian clubs are In possession of the fort, and the indications are that the will sweep the field on the day of the pri- mary election. McKENZIE REPRESENTS PUSH. There is no gainsaying the fact that Johnny Mackenzie is an active represer‘.‘* tative of the push element in politics, and with some of the patronage of the watk. front to bestow and much to promise he m succeed under cover in effecting or- ation in several of the districts. He wiil not be so foolhardy as to put straight-out Gage delegate tickets before the people, but will seek to trade on the known loyalty of voters to the party to elect delegations that can be lined up for the bosses at Sacramento. It is in the power of Republican citi- zeps to ascertain in advance the stand- ing on the gubernatorial question of every man_seeking to represent the voters of his district in the State convention. De- lay in making delegate nominations and submitting the names to the people will excite suspicion. Voters may resolve to repudiate all tickets made up on the eve of the primary election. The Primary League will' probably have the several district tickets published at least two or three days prior to the day of election. All signs in the boss camp strengthen the report that Gage will be pulled down before the convention assembles, but the machine will nevertheless make a des- perate fight to control the nominations. Citizens who are ready to engage in tha battle for good government and honest administration of State affairs should re- solve at once to register and then lose no time in seeking alliance with some district organziation known to be free from boss dictation. The gossip that James A. Louttit of San Jeaquin is in the.field as an aspirant for the Attorney Generalship is not borne out by the facts. The ex-Congressman may be brought forward as a candidate for Governor In the event of a tie-up at Sac- ramento next August, but he 1s not now a candidate. San Joaquin has a candidate for Railroad Commissioner in the person of Orrin S. Henderson, and his candidacy is formidable enough to make. ths friends of N. Blackstock quite uneasy. e — ADVERTISEMENTS. 7. H. CORCORAN & CoO. SPECIAL 3-DAY SALE. BGGS, fanoy selsoted kind, 2 dozen. ... Loy Recetved dally £ Recelved dally from Highland pouitry TEA. any of sur 800 per 15 Xind, per1d. ... . Don’t be afraid to try this—a pleku COPFEE, Java and Mooha, per1b...... s ” 250 Roasted dafly, ground while you waits FLOUR, extrs family roller, 10 Ibs. . : This s the best; makes white bread. | ez, 25c. MACARONI, SPAGHETTI or VERMIOELLI, box. 208 Made from th Made from the best four, and we receive PEACHES, PEAKS and APRICOTS, tabls bind, -45e s,r.“;n in 2%-1b t packed in heavy SALMON, extra choios red kind, 3 cans.... Very latest Alaska pack. Reg. 10e. PRUNES, the aies blask kind, 4Ibs .. . Packed in boxes. Rex. 3 lbs 25c. GRAPE NUTS, the 150 packags, 2 package Nice brain food. - . They say It makes red bloo GBLATINE, Kaex's Granulated, per It's not like pie; it's healthful, Rew. 12%¢ pI:,' s alt] 20AP, Baad, largs cakes, § for:.. A labor saver; no kitchen shoul out it. - . CASTILE, the genuine Frensh kind, per bar The ‘cheavest and best toliet soan Reg. 3 MATOHSS, Valoa brasd, pacior, por yackage Esch piy contains 164 -nrn | wnymamumhn:wlz 4 pounds WHEAT, large Sakes, fo Ib kind, 8 This makes a healthy dish for ones. BAN, Deviled, largs siss oans, por dosen. ... - 90e Makes nice sandwiches. Reg. price 10¢ can Don’t overlook us it you Pl We pack and ship free. - SO0E "'f‘ Phone Miseton 9, 1201 VALENCIA ST. 8. B. Corner Twenty-third. Live in a Trunk? Yes—if you have a Lundbeck Bureau Trunk Ask any dealer or apply to d. MARTY, Man’i'r, 826 Howard St Weak Eyes em-‘m—d or inflamed in~ stantly relieved with GRORGE MA 'S Water, 50c, at 1071 Market st. Tel. Sout 572. None gen- trademari