The San Francisco Call. Newspaper, July 2, 1902, Page 2

Gage's Lawyers Show Fear and Fiee From the Tribunal. ~SEPRRIRNA RRANSE < P Continued From Page One. either one of those counties—whether you could or not depends upon the restdence of the person alleged to have been libeled --but Lfiere is no question between coun- sel and ourselves as to the fact that this ccurt in this jurisdiction, this being the principal office of publication of the newspaper, has jurisdiction beyond all Question. e S PR COST OF SAN PEDRO TRIAL® Attcrney Campbell Gives Good Rea- sons for Hearing Here. There is another reason, your Honor please, why—and it is a public one—why this case should be heard and determined here. There will be a hundred witnesses in this examination—and I speak advis- edly. If those witnesses are compelled to £0 to the uttermost ends of this State, over 500 miles from San Francisco or from n Quentin, the cost of this, both to the ate and to the defendants, will be enor- us. Hence we say .that this being the urisdiction, there being no legal bar— Mr. Preston—There are also many public records that will be wanted. Mr. Campbell—Also, as my _associate says, public records will be needed, which we know not how we can get before a committing magistrate down there. f it is a question of law as to whether or not one proceeding commenced before & committing magistrate bars the exam- jnation for the same offense here, then we s that your Honor is perfec 1y justified, and should, at this time, b fore any further testimony emine into those questions of law. be, as it evidently is, and I don’t object to the gentlemen making the most of it, if it be the fact that their client selected | his own forum, selected his own court, and now says “because I have so select- ed this court and because I see fit to go 500 miles from where the witnesses re- eide, because I see fit to go to a man whom I have known and with whom, in all probability, I have some influence,” because it appears that he has not a great deal of regard or respect for some courts, although he be the chief executive of the nation. If it is a guestion of law, that is all that your Honor has here to determine, whether or nay there is such a thing in | a criminal proceeding of this kind as a plea in abatement. cerned, to meet it. we would efer to be examined here. It is more convenient to the defendants; is more convenient to the witnesses. We have the proof which we propose to in- troduce in justification of this alleged l- belous publication here and at hand. And | I don't desire to conceal the matter, if | the defendants are to be examined upon | this &t all, that it is their desire to be examined in this jurisdiction. And for that reason we aré ready to show @ At i et el e e Brfeleed GGE LT | SOES AWAY N FRESND Frank H. Short Upsets a Scheme of the Machine. Positively Refuses to Enter Race to Head Republi- can Ticket Special Dispatch to The Call. FRESNO, July L—Frank H. Short, the well known attorney of this city, whose name has been frequently mentioned of | late in connection with the gubernatorial nomination on the Republican tickef, gave out a statement yesterday making clear | the position he will occupy during the | campaign. | cut by the talk that the delegation to the | State conventign from this city would go pledged to support Short. Knowing ones | here claim growth of a clever scheme on the part of the local Gage contingent, headed by Sam | L. Hogue, a deputy under Internal Rev- | enue Collector Lynch. That some kind of &_job was béing lanned has been a certaifity in the minds | of nearly all Fresno Republicans. It is | known that William Sesnons of the Southern Pacific has made frequent trips | to Fresno of late and bas each time held | lcng conversations with Sam Hogue. It | known also that Hogue and all the | of his “gang,” all of whom were | time ardent supperters of Gage, | recently been advocating the nom- | of Short. But the opinion exist- | ing here is that this plan was adopted by them merely to insure the election of their delegates and thus enable them to send a strong Gage contingent to the con- vention. SHORT TALEKS PLAINLY. p The plan has undoubtedly proved a fa! ure. hort does not aspire to the nos ination. Yesterday The Call correspond- ent called upon him and said: Mr. Ebort, it is being said that the delega- tion from this county to the Republican State convention is to be chosen with a view to the possibility that you may be & candidate before the convention for the nomination for Gover- nor, at least to the extent of asking the sup- port or complimentary vote of the Fresno dele- gation. Have I uy objection to stating the situation and your position? To this Mr. Short replied: 1 bad supposed my position was clearly un- @erstood. 1 have had no reason to change my mind or position since 1 stated them some monthe ago. It appears a little difficult, how- ever, to satisty people that a statement on & political subject—especialy when it refers to one’s self—means just what is sald, no more and no less, In order, however, that there. may remain no misapprehension of my poi- tion I perhaps should 2dd that I am not and do not expect to be a candidate for the nomi- nation for Governor—and this includes the We tendered that is- | sue to your Honor the other day, and said | we were willing, in so far as we were con- | We don’t deny that | your ¢ This statement was brought | that this talk was the .out- {* JUDGE FRITZ SAYS COMPLAINT 3 gonor now that this court has jurisdic- jon. S PRESTON SCORES OPPONENTS Wants to Know on What Right Foote and Moore Interefere. Mr. Preston—I would like to say a word in behalf of the defendants in that re- I object to the lnlerpo'lnt:;? of.a 15:;‘- elgn issue by a stranger in this case. This clglnse is lheypeo le of the State of Cali- fornia vs. W. S. e an o] . Spreckels. There is nothing before this court, there is nothing on the record, there is no paper that 1 know of author- ized by law that could be filed in this case which would support the motion that has been made here by the counsel who represent Mr. e. Mr. Gage has no more concern with this case as a ques- tion of judicial privity or right than any other citizen of the State of California. And I object, also, to the statement that there is a proceeding pending in another court or that there is another judicial proceeding, or that another court has ob- tained jurisdiction of this cause. I have yet to learn that a magistrate sitting as a committing magistrate sim- ply tu ascertain whether or not a man should be tried, whether. or not it is prob- able that an offense has been committed, for which he should be sent to a court | for a trial, has obtained a jurisdictioa | which would oust any other court clothed | with a concurrent jurisdiction at least by | the statute. And this is a case of con- current jurisdiction. It is a case where this court has concurrent jurisdiction with the Superior Court of the city of Los Angeles. 1 want to commence with that case In | the Thirty-ninth California Decislons. | _The Court—Do you understand, Mr. | Preston, that I would like to hear argu- | ment on the point of what relation the | proceedings in Los Angeles as to this and | how it bears on_the proceeding here? | 7 Preston—Yes, sir, I will do that. | Preliminarily I object to this interjection in this case of the false and foreign quan- | tity in a case where the people of the | Etate of California are on one side and \c;eé-gain defendants are upon the other | side. Mr. Moore—Well, your Honor, we made the statement here that we desired to argue these propositions. Mr. Preston—They cannot keep us from { our opening argument by offering to do | that. | Mr. Moore—Apparently in the guise of | objecting to -the order of procedure and the like these gentlemen seem to intend | to plunge into an argument both on the law and facts before the court and also for the press. Mr, Preston—Have we a right to open thisfargument? The Court—As far as the opening argu- ment is concerned. I will not hinder coun- sel in any way at all on the question as 10 who opens or who closes, I am will- ing to be enlightened on the question be- forc the court. | . Mr. Preston—Where does counsel get this apparently. God-given right to open this case? Mr. Foote—I | will permit me. Mr, Preston—Go on. Mr. Foote—As I understand the situa- tion as it exists now in this court, you have refused to take the jurisdiction of this same case on a motion for a pro- ceeding that was undertaken to be forced | will state it to you if. you statement that I do not desire or expect that the delegation from this county shall cast its vote for me. My one wish {s that the aspi- rants for the nomination shall have a free and open field, not only in this county, but elsewhere; that all delegates shall be selected without reference to myself personally; that each aspirant for the nomination shall have the same free and full chance for the nomination as though I were not in existence. If I hed intended to be & can: tice to myself and falrness to otHers, have been ‘announced before this. When the matter was preseed upon me, after considera- tion, I concluded that I did not desire to enter the contest. and, having so decided, I do not wish anything done that will place me in the position of seeking the nomination di- rectly or indirectly. HIMSELF NOT AN ISSUE. I hope to see a representative and strong delegation chosen from this county to the te, in jus- it should out reference to myself. 1 will 24 that neither at this time nér at any other would I desire the nomination un- der circumstances that would expresely or im- pliedly hamper or interfere with the free and impartial discharge of the duties of the office. The most I have ever caid is, that if, without seeking the office, the nomination should come 10 & person in such a way that no doubt could exist that he was the first choice of the party and under obligations only to act for the whole party and the whole State, it would then be a very different matter from becoming a candidate | under conditions at least not pleasing or desir- | able to contemplate. I have no idea that such a condition as I have just suggested is likely to happen to myself or any one else. here are a number of gentlemen well known over the State who are avowed aspirants for the position, and I presume some one of them will be the choice of the party. The mention of my name in this connection has been without any desire or instigation on my part, and while I appreciate the compli- ment implied, it would not be fair to myself cr just to others that I should figure in any | way in the contest. 1 have a settled conviction that I could not, if elected, discharge the duties of Governor to my own ‘satisfaction or to the benefit of the people, unless 1 had a practically united party back of me and the co-operation of the people of the State. Since the millennium is not in sight, and since I have already decided what is best to be done, it is too late to change, and I would not care to change if it were mot; hence I shall practice law and assist my friends and incidentally do a little work for the party If it is needed and cailed for. NOISY BOY DISTURBS \ A RELIGIOUS MEETING Rev. Dr. Baker Secures a Warrant for Axzrest of “John Doe” Y b Castigliana. Rev. Dr.- Frank K. Baker of the First Methodigt Episcopal Church, on Powell street, secured a warrant from Judge Mo- gan yesterday for the arrest of “John Doe” Castigliana, 19 years of age, on a charge of disturbing a religious meeting Monday night. Dr. Baker sald that Castigliana kept firing off blank cartridges from a revolver in front of the church and placed blank cartridges on the car ralls, which ex- ploded with terrific noise when the car wheels passed over them. The noise was | so great that the service in the church had to be stopped. ‘“When I remonstrated with the boy,” said Dr. Baker, “and threatened to Lavo him arrested he swore at me and defled me, telling me I would need a strong pull with the police before being able to do anything against him.” —_————— Pastor Kelley Is Arraigned. Rev. James H. Kelley of the Third Bap- tist Church was arraigned in Judge Dunne’s court yesterday on a charge of hetrayal under promise of marriage. He was represented by Attorney Samuel M. Shortridge. The case was continued for a week. The complaining witness is Miss Hattie Bynum, a young member of the congregation. O Picazrro— COVERS EVERY PIANO WE SELL OUT OF OUR REGULAR LINES. We sell in the world. l;lx lines of the highest grade Planos ‘We carry the greatest number of different makes of Pianos of any house west of terent lines altogether—and we sell eral terms. Call and get our terms. THEWILEYB. AL LEADING PIANO DEALERS, Chicago—21 dif- on the most lib- LENG) 931 MARKET STREET, San Francisco. All Market-street cars stop in fi ront 6f our door. Brarich %1 Broadway, Oakland. State convention, but I want it selected withall THE SAN FRANCISCO CALL, WEDNESDAY, JULY 2, 1902. N LIBEL SUIT IN HIS COU Attorneys for the Defend upon your Honor by reason of the fact that bail was given in San Francisco County, and it was stated that that gave the court jurisdiction. The gentlemen must have been ashamed of that posi- tion, because they absolutely abandoned it. Citizen Boardman, representing God knows who except himself—he doesn't represent Governor Gage; (to Mr. Board- man) do you? —_————— FOOTE MAKES A BLUFF. Says He Will Quickly Put Boardmaa “ on Witness Stand. Mr. Bohrdman—I ‘represent myself. Mr. Foote—You do not represent Gov- ernor Gage? Mr. Boardman—I am not saying wheth- er I do or not. Mr. Foote—You will have to say in a few minutes, because I propose to have you sworn. * = Now, the proceeding is that Citizen Boardman, not representinrg Governor Gage, but being so much shocked by:rea- | son of the fact of what he - considered the perpetration of a. gross libel* by Messrs. Spreckels and Leake upon ‘the Governor of this State, flled a complaint in this court and had these parties ar- rested. And they are represented: here by counsel. When the procecdings occur- red the other day -your Honor intimated —at least you were so reported in" the newspapers, and I presume that was.a correct statement of the fact—that. be- fore proceeding further in the matter gou desired to know whether or not you had Jjurisdiction in the case. Of course, no | court can assume jurisdiction. Any pro- ceeding that your Honor might take without jurisdiction would be absolutely idle and futile. Now, what we desire to do, your Honor please, in furtherance of justice and for the purpose of puncturing this fraud"and farce, as_we look at it, I desire now to call Mr. Boardman as a witness, find ‘out. who he represents, find out whether these proceedings are collusive or not and find out from the proceedings and. papers on file and sworn to by . Mr. Boardman tion. If we succeed in establishing the fact that- your Honor is without jurisdic- tion, of course it is useless to proceed further in this matter. And if we: suc- ceed in showing that it is a collusive pro- ceeding it would not make any differenge, then whether or not there was a proceed- lnf pending in another court or not. s f'our Honor going to sit here ‘and ermit these gentlemen to drag Governor age’'s good name through the news- pepers by somebody who doesn’t repre- sent him? I don’t know who Mr. Board- man represents, except himself. He Is the prosecuting witness. It is not an or- dmmary thing for a prosecuting witness to also appear as prosecutor. I belleve he does not appear as prosecutor except by the capsent of the District Attorney. There seems to be some little diiference IRE DISCLOSED Gage Counting on Help From Democratic Allies. ( U. S. Webb of Plumas is the latest ad- dition to the list of candidates for Re- publican nomination to the office of At- torney General. He is rated as a good lawyer and a ready campaigner. Judge Bahrs of San Francisco is regarded as a formidable candidate. He is a lawyer of the nirst grade and a vote getter of the first rank. D. E. McKinlay, Assistant Unit- ed States District Attorney, is in the field and may develop considerable strength. John F. Davis of Amador, who recently declined to enter the contest for the State Senatorship in the Tenth District, is fre- quently spoken of as an available man for Attorney General. Judge Davis is re- | garded as one of the ablest of California’s Ppublic men. FARMERS AGAINST GAGE. It seems to be settled beyond all ques- tion of doubt that Gage cannot win a del- egate in either of the counties of Sonoma, Mendocino and Napa. Agents of the push have gone over the fleld in these counties and reported to the bosses that Gage's unpopularity in the farming com- munities is too strong to be overcome by any sort of personal persuasion or politi- cal manipulation. The farmers have sim- | ply made up their minds that California has bhad enough of Gage, Kevane and Aguirre. The Governor's flight to San Pedro when speedy and open investiga- tion of San Quentin affairs was demand- ed by the public lowered his cause in pub- lic estimation. The farmers are also de- fenders of the school fund, and they have waited in vain for some explanation of the Kern County bond transaction. The fact stands forth uncontradicted that the State school fund has suffered the loss of $16,000, and Gage and Kevane dodge around the corner every time the deal is mentioned. It appears that Dan Kevane and Charley Post, acting for the State Board of XExaminers, bought the bonds and paid therefor a much larger sum than the goods were worth in the market. The loss sustained by the school fund was represented by the “premium” of §16,00. The next Legislature, through the agencies of an tive and resolute inves- tigating committee, maK be able to bring to the light of day all the facts surround- ing the peculiar | transaction. But the $16,000 **; remlum".}n gone. It is not out on parole. It hi vanished. It is San Pedroed. g ‘The push is making a still hunt for del- egates in San Joaquin County.’ It is rec- ognized that all factions are favorable to Henderson's nomination for Railroad Commissioner, hence the agents of the machine will endeavor to steal a few Gage delegates under the Henderson cloak. On the quiet this ticket of dele- gates has been talked of: Frank West, J. P. Vinet, A. A, McClelland, A. Muen- ter, George Luhrsen, H. L. Knight, Frank Lane, George Turner, R. %Beardslee. C. P, George 'E. ilhoit, W. R. Clark, Jacob Simon and F. P. Clark. The six first named reside in the country. The cthers dwell in the city of Stockton. DEMOCRATS HOPE OF PUSH. The Gage push has given up all hope of winning out at the primary election on August 12 with Republican votes. Demo- cratic support is the chief reliance. In fact, the Governor's organette in San Francisco makes an open appeal for the help of Democrats. It is quite well known that four or five thousand Demdcrats vcted for the Burns-Herrin-Crimmins- Kelly delegates to the Republican local convention last fall. The Republican ma- chine gained control of the convention by the aid_of Democratic votes. Boss Martin Kelly was In the scheme as big as any other fellow to round up willing Democrats, but he was jobbed out of his share of the spoils by collusion of Burns, Herrin and Crimmins. Subse- quently Crimmins and Herrin threw down Burns, and the *“Colonel” to get even is now taking orders from Kelly. It is fresh in the minds of the people that Republi- can voters repudiated the push ticket at | the polls. : S | e suppoters of Gage are now bendin; , all their energies toward.a round-up o | Democrats to vote for machine delegates | to the Republican State Convention. Dem- | ocratic leaders encourage the scheme, as | they desire the nomination of Gage, be- | leving that he is so unpopular and’ dis- credited that any Democratic standard- ! bearer of ordinary ability could win out against him. It is plainly the a;u, of every Republican citizen to resist I!l‘u" . cution of the push programme. A publican vote at/the primari come the Gage alliance wi Every good Republican l register and get ready for the he Iroquois Club met last" whether or not your Honor has jurisdic- |- I e o e R R s ints of FRE ants Present Convincing Arguments to Show That Court Here Has Jurisdiction to Try Causes. in their opinions and views, judging by what occurred the other day. Now, your Honor will permit us at this time, before these gentlemen have e Tight—if you permit them to present an argument here on a matter of collusion, we have the opening and close. I desire now, if I am permitted, to attempt to es- tablish that this proceeding was collu- sively Instituted, and if not that it 1S collusively carried on; that this court is utterly and entirely without ‘)urlsdlcuon in this prvceedlnfie and that it ought to be incontinently kicked out of court s cne of the greatest legal farces that was ever attempted on the face of the earth. I will call Mr. Boardman now, with yo\;x; Honor’s permission, and have him sworn. The Court—I will listen to Mr. Campbell first on that point that I have indicated. —_— CAMPBELL EXPLAINS LAW. Tells Why Judge Fritz Has Power to Try .the Case. Mr. Campbell—This court, under the in- formation which is laid before it, has been informed that a publication has been made in a newspaper which has its prin- cipal office of publication in the city and county of San Francisco, That is con- ceded. Now, if that be true, under sec- tion 1 of -article I of the constitution, then an information or an indictment or a {roaec!mon “for. that libel published in hat newspaper may and.shall be prose- outed in this jurisdiction. Now, there can be no question about the court having jurisdiction. Here is where I disagree with the counsel. This court is bound, whenever an information is laid before it backed up by and un- der the oath of the informant, or if it be an information not under oath, back- ed, as we say, by the depositions of wit- nesses, that a crime.has béen committed which is triable. within this jurisdiction, this court has no_discretion in the mat- Eer- Yyou ‘rhust proceed and. examine and % hag a cr hich is” triable within this s8econd, Is there reasonabla 0- .sUppose . that the person ged the crime has been guilty of its commission? It doesn’t make any differen to: the court, It doesn’t make any difference ‘to the law who is the r-witness; it does. not make nofi who sets the wheels of An_motlon. ‘e true that only the person ‘who {8 alleged to have been injured or damaged by a criminal proceeding has a right to prosecute, then if he did not nothing would be done to & person who violated the law if no one else could pre- sent it to ‘the court. All that he would have to do would be to make his peace with the geuon who was injured or dam- aged, and then as a law breaker ne would go free. Hence, we say, if your Homnor please, that under the statute it does not say, as the counsel would have your Honor presume, that it must be the resolved to “effect district organization, and as far as practicable co-operate with the rsflmu Democratic County Commit- tee, e latter organization will meet at }fa}tlltve Sons’ Hall, on Mason street, to- nig! L R T Labor Democrats. A large and enthusiastic meeting of Union Laborites and Democrats was held at Otten’s Hall, southwest corner of Post and Octavia streets, last night. The pur- pose of the organization is the promotion oif Labor and Democratic principles. The tloll‘;)wlng officers were elected by the club: President, W. F. Kearns; vice-presi- dent, Timothy Long; recording secretary, Patrick Carberry; corresponding secre- tary, Jecob D. Cohn; treasurer, Alfred H. Ka!tl. and sergeant-at-arms, George ‘W. Robinson. SEMI-ANNUAL REPORT OF LICENSE COLLECTIONS Tax Collector Smith Submits State- ment Showing Large Increase in City’s Revenue. Tax Collector Edward J. Smith submit- ted the following report yesterday cover- ing the business of the license office for the first six months of his term, together with a comparative statement showing an increase in license receipts for the fis- cal year ending June 30, 1902: Income for six months ending June 30, 1801, $250,309 25; income for six months ending June 30, 1902, $249,702 85; excess, $19,303 60. income for fiscal year ending June 30, 1901, 60,399 75; income for fiscal year ending June , 1902, $485,082 35; excess, $25,282 60. iIncome from slot machines for the six months ending Junme 80, 1601, $18,078; for the six months ending June 30, 1902, $31,114. Income from banks, six months ending June 30, 1901, $9,468; six months ending June 30, 1902, $10,917. Income’ trom rostaurants and lodging houses, June 30, 1901, $6,465; June 30, 1902, $7,248. Income from saloons, fiscal year 1001-1902, $262,983; 1900-1901, $264,075. Income from vehicles, fiscal year 1901-1902, $22,858 75; 1900-1901, §19,768 2. Income from strect cars, fiscal year 1001- 1902, 87,648 75; 1900-1901, $7,337 50. ncote from bootblacks, flscal year 190i- 1802, $2,061; 1900-1001, $1,725, The receipts from saloons show a slight Gecrease, but a gain is noticed in all oth- er licenses. Dog licenses expire June 30, and new ones are bemsg issued, dated from July 1. e — PROSPECTIVE POLICEMEN WILL SUBMIT TO TESTS Civil Service A;ilieanta Will Exhibit Their Talents in Mental and Physical Examinations. The competitive civil service examina- tion of applicants for positions as police- men will be held in the Girls' High School on July 17 at 1 p. m. The weights of the subjects for this examination are: General knowledge of duties, 7; writing of reports, 2; arithmetic, 1. One-half a credit will be deducted for each mis- spelled word. The applicants who passed the medical examination will be put to a physical test m the Olympic Club next Tuesday at 9 a. m. Each applicant will be required to run elghty yards in the Olympic Club track within 15 seconds. Applicants will also be required to successtully perform two of the following exercises: Lifting a sack of sand weighing 160 pounds and carrying it over a platform, Vaulting the horse at a height of four feet six_inches. Dipping on the parallel Mars at least twice with the legs stralght and without ald of Kick or swinz. Chinning the horizontal bar at least twice, with the legs, straight, and without ald of kick or swinz. Applicants who run the eighty yards within the time limit and perform at least two of the other exercises will be admitted to the written examination, pro- vided they pass the eye and ear test. ———————— Improvements in Potrero. THe Nuevo Potrero Improvement Club met last night and the following officers were installed: George Guthrle, presi- dent; Gus Pratt, vice president; T. J. Mil- ler, tecording secretary; Henry Flick, financial secretary, and John DBarduhn, treasurer. Addresses were delivered by Senator Welch and ex-Assemblyman Eugene Sul- livan. They expressed their satisfaction at the improvements that had been made in the district. The meeting was in ac- cord with the speakers, who suggested the appointment of a committee to wait on Mayor Schmitz with the object of urg- ing the immediate building of the new pesthouse. A committee was aiso a pointed to wait on the United Railros officlals and request better car service for the district. 3 Low Excursion Rates—11 Days’ Trip. $40 first class, including berth and meals, San Francisco to Seattle, Tacoma, Van- _eouver, Victoria, Everett, New Whatcom argl return, allowing passengers ample e to go ashore and visit the various nterest. For full information ap- cific Coast Steamship Company’s 't office, 4 New Montgomery street. . I & i:eflon who is alleged to have been in- ured; but any one who lays before a 'Judge or any one who is authorized by law to be a committing magistrate the facts that a crime has been committed can do so. - Hence, we say_that the question as to ‘whether or not Mr. Boardman instituted these proceedings without the consent and without the knowledge of his gra- cicus majesty Governor makes no difference at all. The only question here for examination is, Has a crime been committed? And 'the ' question is mnot whether the jurisdiction is sought to be conclusively obtained, but as to the other Guestion. It is a question as to whether or not in a criminal proceeding there is such a thing as a ‘;;lea in abatement, as arother action pending. Now, I say that upon that proposition my assoclate has the law and we are ready to present it. \ e FOOTE WASTES MORE TIME. ‘Wearies Court and Spectators by Con- stant Repetition. Attorney Foote then went over the same ground as he had previously cov- cred and objected to the proceedings, claiming that the complaint had been flled by Boardman acting in collusion with the defendants. Mr. Preston—I would like- to know where any criminal law exists in which counsel finds a precedent for the proposi- tion that he makes here. It makes no difference whether Henry T. Gage s Gov- ernor of California or whether he is in the jurisdiction, and he has nothing more to do with this case than any one else. And so far from being a roaring farce, we will say that the representatives o Governor Gage, and the Governor him- self, and the District Attorney and the whole outfit, can come into this case and prosecute it to their hearts’ content. ou want us to go 500 miles from here, You are entirely welcome. If it is going to be a roaring ‘farce then it Is because the gentlemen come here laden with knowledge, because these gentlemen who ccme here laden with knowledge, bristling with aggressiveness, can find no spot on earth so fit for their purpose as Wil- mington Township, in the county of Los Angeles. Now, they are welcome to come in here, and they are welcome to take this prosecution and to prosecute these defendants. So that is a matter which has two sides, and it is a sword which cuts both ways. The gentleman whom they allude to as the ;overnor of the State wants nothing but that little bit of sod down where he lives in which to try his case. .The de- fendants naturally would be perfectly willing to have a trial somewhere near to the mass of testimony which must be elucidated when this case comes to trial. Attorneys Moore and Foote again claimed that the complaint in the case was fraudulent, and indulged in person- alitlas which caused a sharp reprimand from Attorney Pgeston. The Court—I think you will save time bf proceeding on the question of juris- dletion—that is, whether the other pro- ceedlni is a bar to the proceeding here. There I8 no question in my mind that any citizen has a right to lay information be- fore a magistrate, and it seems to me that information being filled before the magistrate, he is in conscience bound to inquire into the facts of the case. How- ever, I will pass that matter, and bring it up at the next calling and decide it. NEW OFFGER ME INSTLLED Impressive Geren\jony in the Jubilee Rebekah Lodge, 1. O. O. F. The first installation in a Rebekah lodge for the current term took place last night in Prospect Hall of the Odd Fellows’ building, the officers installed being those of Jubilee Lodge. The hall was decorated with pink and nile green, the colors of the order, and the stations of the several officers were covered with beautiful flow- ers. The ceremony was witnessed by more than 200 people, members of the order and friends of the new officials. The installing officers were Mrs. Gabrielle Gress, district deputy, and her staff, the grlnclpal assistants being Minnie F. Dob- in, marshal; Lizzie Stanton, warden; Captain Allie Parker, secretary; Eola M. Cyrus, treasurer, and M. Lewis, inside guardian. These and the escorts and stafl bearers were all attired in white, and as they entered the hall after the announce- ment that the elected officers and the appointed ones were ready to be inducted into their respective chairs presented a very pretty sight. The ceremony was conducted with a great deal of solemnity and In_a most impressive manner. The new officers are: Priscilla Munroe, junior past noble grand; Ernie Happ, noble grand; Addie L. Ballou, vice grand; Marie H. Ludlow, recording sec- retary; Charlotte Gibson, financial secretary; Clara ‘Gunsauls, inside giardian; John Vance, cutside guardian; Minnle F. Dobbin, right, and Mamie, Fiedenberg, lett yupporter to tid noble grand; Luceta Perry, right, and Pear! Quintero, leit supporter to 'the vice grand. During the +evening Mrs. Munroe, the retiring noble grand, presented to the lodge a handsome white altar illuminated with the various emblems of the order. This was followed by the presentation by Lizzle Stanton of a richly embroidered collar to Mrs. Munroe emblematic of her new rank in, the lodge, and then E. H. Black presented for the lodge a gold and diamond-set jewel to Mrs. Gress, the re- tiring past noble grand. There was also the presentation of baskets and bunches of rare flowers to the district dedputy, the past gand and the noble grand. In an address by Mrs. Mary E. Donoho, secre- tary of the California Assembly, the dis- trict deputy and her staff of officers were highly complimented for the effective and dramatic way in which they had per- formed the ceremony of installation. Dancing followed until midnight. To-night the officers of Oriental Re- bekah dge will be installed in public in the Odd Fellows’ building. LOWEST BIDS ARE MADE BY RISDON IRON WORKS Superintendent of Transport Service Receives Proposition for Repair- ing the Troopship Warren. Bids for repairing the Warren were re- celved yesterday by Major Devol, gen- eral superintendent of the transport ser- vice. The specifications called for the cutting out of two old furnaces and the furnishing and installation of two new ones. The Risdon Iron Works made the lowest bid in_each case. The Union Iron Works offered to sup- ly the first furnace for $850 and install t for $1500 In fifteen days. The Risdon Iron Works offered to furnish ana install the furnace for $1860 in ten days. The Fulton Iron Works wanted $900 for the furnace, $1700 for its setting up and sev- emelsn days in which to complete the work. On the second furnace the Union Iron ‘Works bid $1100 for furnishing, $7400 for setting up and wanted sixty-five days in which to complete the job. The Risdon Iron Works bid $940 for furnishing, $4655 ) ficuit-Digestion That is dyspepsia. It makes life miserable. Its sufferers eat not because they want to—but simply because they must. They know they are irritable and fret- ful; but they cannot be otherwise. They complain of a bad taste in the mouth, a tenderness at the pit of the stomach, an uneasy feeling of puffy full- ness, headache, heartburn and what not. The effectual remedy, proved by perma- nent cures of thousands of severe cases, is Hood’s Sarsaparilla Ziood's Pills are the best cathartic, RT IS LEGAL Vain Boasts of Governor’s Counsel Disposed * Of ' Quickly. —_— s - Mr. Foote—Do you decline to hear us at this time? We desire now to call Mr. Boardman, the prosecuting witness in this case, who has sworn to a complaint for libel in identically the same language as the complaint filed by Governor Gage grlm- to the filing of tI complaint in an Pedro. We desire to put him on the witness stand and examine him as to what he knows about the residence of Governor Gage. He has made a sworn stad nt_here that Governor e is a resident of Sacramento County. We want to know how he gets that information; ;&n—wmt to know who appears here for GAGE’'S LAWYERS RETIRE. When Bluff Is Called They Quickly Leave Courtroom. Foote started in a blustering way to challenge the court’s ruling and insisted that he had the right to put Attorney Boardman on the witness stand and ex- amine him. Mr. Boardman—I object to any testi- meny being introduced at this time on that proposition. The Court—Proceed, gentlemen, with the argument on the question of jurisdiction. Mr. Preston—I call your Honor’s atten- tion first to section 794 of the Penal Code. Mr, Foote—Are they to proceed first or we, if your Honor please? Mr. Campbell-Your Honor wants us to present our authorities on the question of 1\iurl.ad&ctlon? , Foote—I think as far as I am con- cerned I will get up and leave the court- room. Mr. Campbell—Well, good-by. Mr. Foote—My own Iidea is that while we are simply appearing as friends of the ccurt and the defendants are repre- sented by counsel I am not going to be a partic}?mt in an active and roaring farce. . Boardman can take his own proceeding, with these gentlemen's as- sistance or. not. The Court—I have raised the question of jurisdiction, and wish to know whether I am, at this stage of the case, in a posi- tion to assume jurisdiction. However, if these gentlemen refuse to assist nie I will be guided by my own judgment. Mr. Foote—We are here as friends of the court, and if the court doesn't care to adopt our suggestions we have nothing to do but withdraw. Mr. Campbell—Good-by, gentlemen. (Here Mr. Foote and Mr. Moore left the courtroom.) * Attorney Preston then began his argu- ment to show that the court had jurisdic- tion to hear the evidence in the case, and cited a number of authorities. Judge Fritz informed counsel that he would prefer if the citations be handed up to him so that he might look them over and save time. Counsel for the defense stated that they would do as requested, and Judge Fritz announced that he would render his de- cislon this afternoon in the matter of ju- risdiction to try the libel suits. for setting up, ‘with a time limit of twen- ty-five days. The Fulton Iron Works’ bld was $1200 for furnishing, $7450 for set- ting up and seventy days in which to complete the work. —_———— MARTPOSA IS TO MAKE TRIAL OF OIL AS FUEL Rear Admiral Melville Orders Com- mander Stevenson to Be Presemt - to Watch Results. The Oceanic Steamship Company’s Mar- fposa will make her trial trip using oil as fuel on Friday next, the Fourth of July. The amount of interest that is be- ing taken in this trial, both here and in the East, can be judged by a telegram re- celved yesterday by J. D. Spreckels, presi- dent of the Oceanic Steamship Company, from Rear Admiral Melville, chief of the bureau of construction in Washington, which reads as follows: “‘Commander H. N. Stevenson will re- port to you for trial of steamer Mari- posa. MELVILLE.” The Mariposa, with the Alameda, was built at Cramp's yards about eighteen years ago. She is the first large passen- ger steamship to be equipped for burning | oil. Her capacity is 6500 barrels, which is sufficlent to take her to Tahiti and back without additional fuel. She has been fitted with new triple expansion engines and new boilers and will make seventeen knots an hour. The Mariposa will make her dock trial €o-day. The greatest interest will b3 taken in the results of her trial on Fri- day. as almost every steamship runnfng to' ‘San Francisco will .e similarly equipped if the Mariposa's experiment proves successful, as the saving in labor and fuel will be 3250 per day. The Mariposa has been running in the past between this port and the Hawatian Islands, but in future she will run be- tween San Francisco and Tahiti. ——— GIVES CHILD AN AWFUL BEATING WITH A WHIP William Clifford Will Be Arrested by the Officials of Children’s Society. Secretary White of the Society for the Prevention of Cruelty to Children, will swear out a warrant for the arrest of ‘William C. Clifford, a plumber living at 849 Valencia street, for brutally beating his child. The boy, who is.about 9 years of age, admits that he stole a box of sardines from a delicatessen establish- ment near his home. A little girl em- ployed in the place saw the act and re- ported it to a policeman. The officer sought out the elder Cliffords and told them of the theft. It is alleged that the father then seized the boy and gave him a terrible beating with a plece of horsewhip. The child’s shoulders yester- day were covered with black and blue welts. Becremr{ ‘White had him examin- ed by a physician, who pronounced the case not particularly dangerous. The parents state that they gave their boy a severe punishment in order to cure Fln;h‘,t any t:ndency (,h:; he might g n the way of appropriating prope: longing to othen.p o e —_——— SHOWS LARGE SURPLUS IN SEVERAL FUNDS Board of Public Works Submits State- ment of Unexpended Balances in Its Appropriations. Leonard S. Leavy, bookkeeper of the Board of Works, filed with Expert Wij- liams of the Supervisors’ Finance Com- mittee yesterday the following list of probable surpluses in the several specific funds appropriated to the Board of for the fiscal year 1901-02: Worp epaving Post street west of 52440 97; repaving accepted streets 1o hs district bounded by Kearny, Market and the: bay and S!oc_’kton street from Union to Pacific, ; for ving ts, including Bush_ street, 100> plantiog $2000; trees on Van Ness Sons avenue, con- structi sewers, including Army-street sewer, $1325 89; purchase of rights of.wly. $3990; construction of sewer in Sunset district, $2432; sewer In Potrero avenue, Bout, “Riin: “purchase’ of Mment of peat: : 2 se ie house, $10.000. of site for pes: ——— Stops Runaway Horse. A horse being driven by William Schaf- fer on Fulton street yesterday morning became frightened and ran away. Wil- liam Kibble, who chanced to be in the vicinity, succeeded in stopping the ani- mal at great risk to himself. e owner ‘was thrown across the whiffletree of the ‘wagon, but beyond a lllght shaking up was not injured. The vehicle was badly damaged. ‘Will Go On Primary Ballot. City Attorney Lane rendered an opinion yesterday that the Union Labor Party is entitled to a place on the primary bal- lot. Lane holds that the party named is AD Under Royal Warrant Apollinaris THE QUEEN OF TABLE WATERS is supplied to His Majesty, TheKingof England and to H. R. H. The Prince of Wales and served at all the Court Festivities. Missouri Pacific Railway Through service dally to Kansas City and St. Louls via Scenlc Route. New observation cafe cars. Meals a la carte. Personally conducted excursions to Kansas City, St. Louis, Chicago, New York, Boston and 'all Eastern points. For full informatiom address - L. M. Pacific Coast u-a 126 California st., San Francisco, VIM, VIGOR, VITALITY for MEN MORMON BISHOP'S PILLS have been in Aty years by the of the Mormon Church and their followers. Positively cure the nia, Pains in Back, Evil Desires, me Back, Nervous Debility, Headache, Unfitness to Mar- ry, Loss of Be*nan‘5o Varicecele or Con- stipation, flS(oD Ner :&ml'l:l of Eyelids, Effects are » part vigor and pote CENT® 1oy'%o cuery tunc- fion. * Bon't get despondent, a cure is at hand. Restore small, undeveloped organs. _Stimulate the brain and nerve centers; 50c a box; 6 for a BISHOP REMEDY CO., 40 Hills st A Francisco, Cal. GRANT DRUG €O., 88 and 40 Third st. DR.PIERCES GOLDEN MEDICALE DISCOVER FOR THE BLOOD.LIVER.LUNGS. i BT 'NO, 206 Post — or 33'W. 24th St., New York, Meation this Paper a political party, which at the last elec- tion polled more than 3 per cent of the votes cast in the precincts comprising this city and county, and is therefore en- titled to a designation on the ballot. —_——— Injured by Toy Pistols. James Feeney, residing at 233 Waller street, and James Dunn, residing at 234 Taylor street, were treated at the Emer- gency Hospital yesterday for burns re- sulting from the explosion of toy pistols. Both boys were preparing for the Fourth of July and became careless while hand- ling the pistols. e — Falls From a Scaffold. Charles Asher, a painter, residing at the Park Hotel, on Turk street, fell from a scaffold while at work at 1317 Clay street yesterday and sustained a dislocated skoulder and séveral bruises about the ody. He was removed to the Emer- gency Hospital for treatment. JOHN J. FULTON CO. BRIGHT'S DISEASE TWELVE YEARS Albumen Entirely Eliminated the Sixth Month and Recovered. A Petaluma merchant, whose son re- covered from Bright's Disease under tha Fulton Compounds, wrote us he got a letter from a Mr. Newton » & resident of Fruitvale, Alameda County, uvr’lnc the adoption of the treatment. s wers thereupon anxious:to hear what Mr. Fay had to relate and called on him. He received our representative cordial- ly, and faid that for twelve years pra- vious to 1899 he had been a great sufferer from Bright's Disease. A number of Sac- ramento’s best physicians, where he used to live, had told him there was no cure. Meanwhile he was constantly getting worse, though continuing to take treat- ment. He was finally bedri Suff: ing greatly and sleeping only fiti W San Franeisco friend, hearing of his trou- ble, called on him and told him 'of the Fuiton Compounds. He went on it, gate ting a little benefit the first week. "le'ha fourth week he was comfortable. The Albumen was entirely eliminated the sixth month, and he was well. He heard that a son of a relative of his, a Peta- luma merchant by the name of was almost at death's door with ht' Disease, and wrote him about the cure, and he, too, took it and ruoug (as . Ee above). He also told us of a Gat a hbor of his in Fruitvale, who was cured by the same treatment. thereupon called on promised to give us his Medical works agree that ght's Uis. et Dbt ate M Ll per cent are positively 567 Trouste, Rhowmatiem Feer 3o L er Trouble, euma om urie and the minor kidno‘y diseases relieved.) Price, $1 for Bright's _ and $1.50 for Diabetic Compound.- tests made for patients. hlets mailed . Call or . Fulton Co., office 6, ninth floor, w:ux, Montgomery street, San Miles, and fit i i