The San Francisco Call. Newspaper, July 11, 1902, Page 5

THE SAN FRANCISCO CALL, FRIDAY, JULY 11, 1902. JUDGE COOK DECLINES TO CONSIDER QUESTION OF GOVERNOR'S RESIDENGE THE EMPORIUM. ERRERRER ERRey At the Concert to-morrow evening Mr. D. M. Lawrence, the favorite tenor, will bz the soloist. THE EMPORIUM. THE EMPORIUM. THE EMPORIUM. | | | | | | | Toilet Soan Sale. Coneert s00 Tites| . The Cigar Sale. 0ap, such a jte Lilac Honey, Boxes of 50 now: 4 ‘5§43‘3§.,,Ss.5.,n dcet Vi’olx,hl;ly:‘d]mh,HW}fi{e s‘}:“’" ;“:: Cuban Brfury..;go :h;m Garcia :;::g e . Rose, etc. ; sile price, box th kes.. t u: Royer Bay Club 55@ Cubalettes . . Court Denies Writ of Habeas Corpus to John D. Spreckels|§ cameatipu picitdo) i WFA4& 24 e o of soap, I extract, T box of sachet, worth » Fircight. . .$2.38 Nathan Hale $2.80 35¢; sa'e price. . .1621 71010, AMERICA'S GRANDEST STORE. { Vallers . . $27.95 E! Telegnai> . $8.15 Copy. Midsummer Clean-Up Sales The biggest sales held in this State during the Summer months. Thousands of items ot short and broken lots or summer and all-the-year-round gc?ds, reduced from our regu'ar every day prices, frgm 20 to 50 per cent, The reductions are genuine—not from prices marked up for the occasion. The sa'e is what its name indlcates—the “¢Clean-up’’ of season’s goods before the arrival of the fall stocks. Pprices ara for the month while quantities Jast, Morring shopping easiest and best now. 60c Cheviots 39c. Best Wash Silks 33c. Al-wool Str'pei Cheviots, 47 inches wide, 6 T cheipd stylish mixtures, with neat colored stripes, | Newest 1902 des'gns in pink, green, navy, gray, rese, maise, light bluc, tan, etc. regu'arly 60c yard; a fair sample of our deep | Silks that will make the daintiest of summer waists, worth soc per yard of any 3 30 price-cutting in Dress one’s money; clean-up Sale Price. « « o . o o e oa e s s+ e . n e pice. o 3OC|Silk Poplins—Liery stin and fancy weaves; worth 75c, 85¢ and $1.00 . . . 540 Colored Remnamts —Hundreds of | Grenadine Suits—Only a very few of these choice patterns,sin all-sik, silk ani wool, silk and me- short lengths and some dress lengths of this hair mixtures are now left. Worth §12.00 to 817: 50 eu_h; clean-up prce, ons-lpall. season’s most fashicnable and staple styles of | SHK IR@MMIMaILs —This scason’s best colored silk fabrics, plenty of waists and skizt pat- terns in the lot; now marked to clos:, hhalf price. C;'ored Dress Fab]riu, on sale during month, while quantities last, at =th:rgd : S Clean-Up Sale of Ribhons Begins To-Day, Friday. and W. S, Leake, Charged With Criminal Libel, and Both Are Remanded Into Custody of Chief of Police e A L i SIS UPERIOR JUDGE COOK rendered yesterday a decision which is not a deecision. Habeas corpus proceedings in behalf of the proprietor and the manager of The Call were instituted before Judge Cook, who was asked to decide one essential, vital point. That is the only point which Judge Cook did not decide. He was asked to determine which is the residence of Henry T. Gage, Governor of California, and Judge Cook decided that he would prefer not to decide that issue. In submitting his decision yesterday Judge Cook admitted the regularity and sufficiency of the writ of habeas corpus as a legal remedy, but announced that he had no authority under the law to hear evidence to support the contentions made in | the writ. He expressed the opinion that the trial court must determine the question i’ oi the Governor's residence, and there, as far as Judge Cook is concerned, the matter | rests. Judge Cook, in remanding the proprietor and the manager of The Call to the custody of Chief of Police Wittman, granted a stay of execution for a day—time in which to take the matter, he suggested, to a court which exercises functions of deci- | Candy Special. MOLASSES KISSES AND BUTTER KISSES— Everybody likes these deiicious candies and all candy consumers know the regular price. We are se'ling them to-day, Fr.day oaly, b. . 250 Clothing Clean-Up. Twenly per cent discount on Men's and Youths” OFf reiuced remnant prices. Ladies’ Gioves 63c. f 4 . Spring and Summer { 3 Womsn's 2-clasp Kid and Mocha Gloves— The greatest ribbon store west of Chicago offers 10,000 yards of the Suits. We now offer 5‘ sion. The vital problem of the residence of the Governor of Cs.lifoxfnla. remains, tans and browns, all sizes, regularly Abihe o Sl sl e cat L ra ch pe T Gage. dants for & ndants were of Police Chief who 1 the | th was not a resident of Los Angeles County, the publication office of the newspaper being In | the complaint set forth in the petition was the which simply avers, without setting forth the | Process from any court or Judge of this State propri: Ly | complaint or warrant of arrest, that the Jus- | he may be ‘discharged only in the following f The Call, | tice of the Peace who issued the said war- | case x: nt had no jurisdiction so to do, because the | 1. arge on ch it was based was libel and the rson libeled was a resident, at the time of e publication. of Sacramento County, and When the jurisdiction of such court or of- ficer has been exceeded. . 2. When the imprisonment was at first law- ful, but by some act subsequent thereto the prisoner has become enitied to his discharge. 3. When the process is defective in some matter of substance required by law, render- ing such process void. 4. When the process, though proper in form, has been issued in a case not allowed by law, 5. When the person having the custody of e city and county of San Francisco. PETITION IS CONSIDERED. Upon the argument. it was admitted that M t until to-day. | complaint on which the warrant of arrest was | the prisoner is not the person allowed by law nion Judge Cook holds that | issued. Ordirarily the petition, having cerved | 0 detain him. B o tion, and | its Durpose. it not to be considercd on the | 6 When the process 1s not suthorized by 1t sac of ori al juris . %iearing of a writ, but as this entire proceed- | &)Y order, judgment or decree of any court, t e the arguments on hab- | LoarinE ok & o B A e patitioner | BOF bY any provision of law. € were submitted the court was | to introduce evidence to contradict the allega- | 7- Where a party has been committed on a < an appellate court. While the real place of resi- Gage was argued at counsel for the defend- ignored the th th, had omitted to state | th = that his residence was | | | i | | ‘th | | nswer to a charge of crim- + and that from the days red justice was mnot only and certain but brought to a2 man's door, the court held case of criminal libel by a he crime was committed in | e residence of the com- | t & Fie Diacedwhere the paper | s publication office. The constitu- | of the State has vested the magis- of each county with authority to and clothed them " FINDINGS OF COURT. the prisoners in Chief of Police wés on the contention | 8 answer to 0 de- restrained of their the in co wi cot 2 ™ of s to to ailed ants were illega The court maintained that issue_raised the proceedings was 25 1o the truth ef the aliegations in the | t of the Governor, and, as proof | cof was not offered, the denied and the | as or was g the Governor, and who_guarded an tions of the complaint and as the document ad- mitted to be the complaint risdiction to ernor is in Sacramento or Los Angeles is not | for addressed to the court having jurisdiction to try and determine that question, but not to this where, b | tion 1484 of the Penal Code he may traverse | the return_end allege and prove new facts to show the de tlonreads: court or judse. Geny tention is unlawful or that he is entitled to his discharge proceed in a summary way to hear-such proof dispose of such party as the justice of the case criminal charge without reasonable or probable cause. This prisoner has not been any criminal charge. This process was authorized by an order of court and by a provision of law. The person having the custody of the pris- oner is a peace officer entitled to serve the . and, is a person set forth only of ascertaining petition will be he petition, for the purp *‘committed”” mplaint alleges the on d Without doubt there are but two places where e offense charged can be prosecuted, and if e complaint falls to allege facts giving ju- he courts of Los Angeles County, e prisoner must be discharged. The com- aint, however, does positively and distinctly s not claimed to be, and is not, defective in any matter of substance. Angeles County. He held that |allege that the person libeled resided. at the| No act or event has taken place since the AnEe oi1d be taken to refute al- | time of the publication, in the county of Los | arrest which could entitle the prisoner to a R e il ©f ar | Atweis that allegation be controverted | discharge. which the warrants of &5 | on®Shabe orpus proceedings? Petitioner | Therefors, we are left with but two facts defendante were e jaw | clatms that it can and respondent camtends | to be determined: he conten ® man | that it cannot. s is the sole lesue for me| 1. Has the jurisdiction of the magistrate jdea of dragging a man |, 5. .o, been _exceeded? . Whether or not the residence of the Gov-| 2. Has the process been issued in a case not allowed by law? Under the constitution of this State (article 1, section 9) it is provided that Indictments found or informations laid for libels by news- papers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged pub- lication. JURISDICTION OF COURTS. The courts of two counties of the therefore, have jurlsdiction fo try the crime charged in the complaint contained in the petition herein. That complaint alleges posi- tively and distinctly that the party alleged to have been libeled resided. at the time of the publication, in Los Angeles County. On that complaint the magistrate issued his warrant. Had the complaint falled to allege that fact, clearly the warrant would have been issued In a case not allowed by law, and the magis- trate would also have exceeded his jurisdiction in issuing the eame. But the law required the issuance of the process upon the fiing of a complaint which set forth facts constituting a crime and such further facts as brought the crime within the jurisdiction of the magis-. trate whose procest was sought. me to decide. Much, therefore, contained the voluminous briefs flled is matter to be urt. on these proceedings. it is elementary law in this State, and else- that on a writ of habeas corpus facts thin the jurisdiction of the ‘magistrate or urt from which the warrant of arrest ema- ted to determine cannot be reviewed on beas corpus. unsel for petitioner claims that under sec- State, ntion to be unlawful. That sec: ““The party brought before the on the return of the writ, may or controvert any of the material facts matters set forth in the return, or except the sufficiency thereof, or allege any fact show either that his imprisonment or de- The court or judge must thereupon may be produced against such imprisonment detention, or in favor of the same, and to may require. and have full power and author- | Much stress is 1aid by counsel for petitioner Gwlor read the opinlon | ity to Tequire and compel the attendance of | upen the case of ex parte Cottrell, 69 Cal., 422, it in court Attorney A. | Witnesses by process of subpena and attach- | jt being claimed that under the ruling in that 2 ment, and to do and perform all other acts | case their right to Introduce evidence to con- 1d things necessary to a full and fair hear- | tradict the allegations of the complaint is es- Spreckels and | in§ and determination of the case.” tablished, A caveful examination of the de- a cision will reveal the fact that counsel has od & ek "bm' The succeeding sections of the same code | a general statement made solely for purposes as the order of court | he defendants ought to be o 1 Campbell e and permit a stay of twenty-four er was then passed. ma: that if the time during which he may be legally ide for the instances in which a prisoner and may not be Alscharged, where the shows that he Is in custody by virtue from any court of this State, or of illustration, rather than the entire opinion iteelf. The statement referred to was simply made by the court to illustrate that a habeas corr- dants_were will e, v Section 1485 provides that if | pus proceeding was an original proceeding, and es, but Judge Law- | no legal cause is shown by the return, he | not appellate, but the court does mot decide vacate the order already | must be discharged. Section 1486 provides | that any kind of evidence may be introducs on the contrary, the entire opinion clearly shows Cook’s decision is ent 12. x habeas corpus. ds submitted on respondent’s s the writ, based upon three, having given the issua he Sheriff of Los | o restrained of his on the face of the petition the t e writ, because | n set forth con- | sary to show juris- | Peace who issued the return fails 1 am satisfied ord, 1 Cranch prisoner had given nmitted” to the | | geles County, | | en and sur | nder the | | warrant of | | ed of his liberty, | { e would have been | | | | for o doing. This being writ. The section of spon by respondent is rovides that at any time f their undertaking the he defendant in their ex- | hose custody he ime of giving bail ns upon which a per- | || , Penal Code); and, second, *“after the prelimi d been actually surrendered by the officer into whose custody committed.” | HY MOTION FAILS. nd ground the motion must also | Leing in the nature of a demurrer, f the petition must, for the be taken as true and the ereof call for the issuance 4, however, goes to the | || and if respondent’s conten- | evidence can be taken i f the complaint | i est was based— | || | to be as set | hen the writ must be | | ner remanded. | ! n correct? That is the ques- called upon to decide, away from my books and | | t'a airficult task. to sat- | || conclusions at which I it mot that the proposi- méntary as not to re- authorities, 1 should feel order to be made with- OnE. I have, however, me authoritics which , without quoting for ‘the benefit of the sev- 1 sha counsel who have filed briefs in the case, the 0 them. e return by his herein alieges that the prisoner | bondsmen, surrendered into the . & peace officer au- rrest him, he, the said ing been arrested in the city and Francisco. on a warrant of ar- | Hon. H. C. Downing, a Justice of Los Angeles County, Califor- | || i Copies of the bail bond given by the | || e on such arrest and certificate of sur- der by the bondsmen are annexed to eaid r The bail bond. although flled with lhei of the Peace of Los Angeles Count r ed in the Police Court of the city and | Francisco, and fails to recite in | »unty the charge of libel therein | . But, as no point sufficlency of the bond | || ing besn actually surren- | r who could_have executed | || t of arrest if is unnecessar: | ‘ +validity of the bail bond, ex. invalid the ) was tuken by this writ arrest from which could be treated an ool ——e——— Friday Zereses Mahoganized birch, $20. A much better dresser than the picture indicates. Built of birch, imitation mahogany finish. Has a double top, 42 inches wide by 20 inches deep. The two small top drawers have doubly swelled fronts, and the trim- mings are of cast instead of pressed brass. The mirror is a French bevel plate, 24 by 30 inches, and both cabinet work and finish are of a superior quality. Price $20.00. Fifth floor. Curtain items for your perusal: Nottinghams, $1.50 and $2.00 the pair; Irish Points, $2.75, $4.00 and up- wards; Muslin Curtains, $1.75, $2.00 and $2.50. Third floor. Ingrain Carpet, 50 cents the yard, sewed, lined and laid. A durable carpet, in reversible scroll and floral patterns—one side being dark, the other light. 36 inches wide. Second floor. Sty Geewnet G (Successors to California Furniture Co.) 957 to 977 Market Street, Opp. Golden Gate -Avenue. Clean-Up Sale of Hats and Shoes. effects, in phin colors, 25c to soc values . Men's $3.50 samples, marked for the clean- up seale, pain Ry IR L Poys $1.63 Calf Lace Shoes pairs, in s'zss 4 to §3% on'y . . . now, each. ... Saturday Night. 7 to 16 p. m. only, for . REERRRRE RRRRE ERRRERERERRE RRERERRY RERRR RERRERRR RERRY. RRRRERERERRRLY RERRRRRRREY RRRRRRRY ERRRE RRRRRR R R, ] H H H 3 % : ‘ % | § Men’s Furnishings, Men's Cotton Hosiery—Plain black and black with polka dots, clean-up piice, per Men’s Impcrted Hosiery—Fancy stripes, lace and $5.00 Calf Lace Shoes— Several lots of Tan Calf and Black Vici Kid | Shoes, as well as an assorted lot of drummer’s $1.98 — About 100 - $1.10 Men's and Boys' Straw Hais—Smooth and rough braids,” with 2, 3 and 4 ply brims, - . 34c © $1.50 Men's Derby and Soft Hats, worth $2.35 and $3.35, now . . . 81,77 i $2.52 $3.00 Pants $1.69 Men’s all-wool Trousers, well cut, well made, good patterns; worth $3.00; Saturday from . $1.69 | ALt 17, MAIN FLOOR. Men’s All-Wool $3 Qualily Trousers, Saturday Night Only 7 to 10 o’clock, $1.69. therefore, unsolved. Pr.o0 peEs oo . o 5 kind, but a great variety of styles in every imaginable color. Pienty of good $25.00 Suits . $20 Women's 2~lasp Kid Gloves, full pique sewn, ¥ ribb hairfibk hbons for pillow rofll ol ol Sl el s $20.00 Suits. . $16 - — tans, browns, oxblood, slates and white; | N€C! !il:ullon:l'nflmr ribbons, ribbons for pillo ing, ani other fancy worl $12.50 Suis, . $10 Z 3 clean-up price, pair . practically price. 2 = ' al arrest, thereby disposing of respond- | detained h fred & b were $1.10; d ) ah % o e j10.00 Suits. . .88 ent's first ground of motion. Section 1487 n;r‘o.\.'ixdves that "ll}‘s‘u en;;:‘l.rrl‘delgi PO O R RO e 790 Best quality Silk Taffeta Ribbons from 3 to 474 | Black Sztin Trimming Ribbons — No. s $15.00 Summer Suity To this return petitioner filsd ag answer | the retum that he is detained by rirtue’ of inches wide, worth 25c to 35¢ a yard; clean- Gpiee ek EnT Tt Novelty Weave Fancy Ribbons, 414 inches wide, the ‘35c qualty; clean-up ElE il b Satin and Taffeta Neck Ribbons—Best quality, worth joc and 35c the yard; clean-up price - . 19¢ width, the sc quality, yard . ... . 2%@| Satin and Gros-Grain Ribtons, all silk, best | | oo« - SUIZ Boys' Vestee Suits— quali . ? 10c width, yard.. . 4 . . . . 5O “onh!sfo and §6.00; o 1scwidthyyard. . . ... . 2HE | 253106 only. ... 20: width,yard . . .« . . . 0/@ | e .- 82,9 25c width, yard . . . . . [2}@ Boys' Sai'or Blouss 33c width, yard . . -17¢ Sui s—Fancy and colored; Clean-Up Newest Wash Fabrics. Neveir belore such values. Imported Scotch and English Madras, 32 inches; thousinds of yards ranging in value from 25¢ to 35¢, marked for the clean-up sale . 2 Dainty 15¢ White Goods—Striped Dimities, in fancy revere $7.50 va'ues; sizes 3 to 1 | wyars. . . §4 85 | |Groceries, Liguors Thz Friday Sale. Pabbitt’s Best Laurdry Soap—Friday, 12 14¢c open-work weaves; goods Clean-Up Dotted Swiss C ttage Curtains, with i that we have sold thousands of yards at 15c the yard; marked for the clean-up sale. . GO sa s i S A - 50e Best 36-inch Percales—The kind that have a'ways sold at 12J4c the yard, 36 inches gy, _ | COffee—Our best Java and Mocha, Friday, b. wide, perfect colors, fine assortments; clean-up price . . . -+ . . . . 4 ... BFC| s .. . 200 Good Grade Dimitizs—Some satin striped, a large line of the 12)4c and 15c; this Ghirardelli's Chocolate—Ground, Friday, 1 SORIn g At Pl yard . i T SOS 2 0 DR R LR S e T T S A se b.tins. ............280 Postum Cereal—Fig Prune or Cafe Bland, - Frida o 3 an Sale Muslin CGurtains. owild o, S Ruffizd Muslin Cottags Curtains, plain mustin Curtains and colored figured Curtains, printed in floral designs, bow knots, etc., $1.00 and §1. Plain Scrim Curtains, with rufflz border, worth 75c a pair; sale price. . Muslin Cottage Curtains, 6-inch ruffies, p'ain and colored figures, § inch fluted ruffle, worth $1 | | | | % § Oysters—Extra large Cove, Fr sy, 1 tirs 25€ Havden Whislky—Bott'«d in bond, 25 values; clean-up sale price, pair. . . .670 Friday, bottle . . ... . . . .80e0 < +.. . . . 490 | Vermouth—Best French (Noilly Prat), Fr- 1.25 and $1.65 values; day,bottle . . . .. ......400 £ - . 870 | Riesling—Extra sparkling dinner wine, Friday, to $2.00 a pair; sale Bl ot e s et S | Kentucky River Whisky—Straight, full bedied goods; worth double our price, gal. $2,15 RAGAARTALARS GAARR AAARBAAA FHAAL BAAALAAA AARRRAAL LA AR ARAUR ALAALARA CAAWARARRAAL A AAARAR QAR AR A AaS Gda s naua ¢ for certaln purposes can evidence be ot on “the whole, € there were mo other authority than the Cottrell case for refusing to hear such evidence as is here sought to be introduced that case would be sufficient to show the incorrectness of the claim of peti- Honer's counsel. 1In that case the prisoner had been committed for contempt of court, and the Supreme Court, on habeas corpus proceed- ings before it, says: “It is alleged in the peti- tion and not denied in the return that the or- der which the petitioner is charged with having disobeyed was not gerved upon him, nor was any demand made dpon him to comply With 1¢ before he was attached; and he claims that for this reason the court had not jurisdiction to proceed in the matter, and that the proceedings had were without or in excess of its jurisdic- tion. Conceding this (the contcmpt Pproceed- ing) is a special proceeding under the code, it cannot fairly be claimed that the court, in order to acquire jurisdiction, was bound to take any other steps than those prescribed by the Gode. * * & The question whether the order had been disobeyed was one of fact which the court making the order had to determine, and that determination cannot be reviewed in this proceeding. 4 AN ORIGINAL COURT. “We do not sit as an appellate court upon matters of this sort, but as a court of original Jurlsdiction, invested with a special jurlsdiction to discharge the petitioner when no legal cause of detention exists against him. On the same principle we canflot discharge the petitioner, on fhe ground that he testified to his Inability to comply with the order he is charged with hav- ing disobeyed. 1f he could not obey it he should not be punished for not obeying it.” (If Gage d1d not reside in Los Angeles County, peti- tioner should not be tried there.) ‘‘But the Question whether it was in his power to obey it was one of fact, which the court making the order had to determine, and we are not aware of any law which makes the statement of a party under oath that he 1s unable to comply with such an order absolutely conclusive. The court may, nevertheless, have good and suffi- olent reasons for disbelleving his statement. In this case we could not determine that que: ton without reviewing all the evidence intro- duced upon the hearing before the Superior Court, and that we are not authorized to do in this proceeding. In ex parte Cohen, 6 Cal., 318, the order of commitment did not contain & recital that it was in the power of Cohen 1o have complied with the order which he had disobeyed. The order of commitment in this case does recite that it was in the power of the petitioner to have obeyed the order which he had disobeyed. Without reviewing the evidence we could not determifie Whether that recital is true or not, and, as before stated, we cannoc review the evidence.” The correct rule and construction of sectlon 1484 of the Penal Code is clearly stated in the opinion of the court in the Cottrell case, viz: “*A prisoner upon habeas corpus may be dis- charged: *1, If the return dces not show that he is legally imprisoned. If he shows that the return, material matter, Is false; “3, 1f he has been cummitted upon a criminal charge without reasonable or probable cause. ““In the latter cage the court, upon habeas cor- pus, will look Into the depositions for the pur- pose of ascertaining the fact. But the writ of habeas corplis was not framed to retry (or to try in advance) issues of fact, or to review the proceedings of a legal trial. 'The petitioner in this case has been tried upon a charge of con- tempt and found guilty by a court.of competent jurisdiction. It I8 quite clear that we cannot, in this proceeding, review the findings of thai court upon the question of his disobedience of its order, or of his ability to comply with that order."” Had I at hand the aggregated law libraries of the country 1 could find no stronger precedent than the Cottrell case, o relied upon by peti- tioner's counsel, to justify me in my concluston that the magistrate having acted, in issuing his warrant, upon a complaint wherein the facts giving him jurisdiction are positively alleged. acted within the scope of his jurisdiction, and that any action of mine, in attempting, in this proceeding, to try or determine that question of 1act would be void. CASES HAVE NO BEARING. The Federal cases cited by counsel have no bearing on this case, most of them being based upon provisions of the Revised Statutes of the United States. The Nagle case, as is well known, was distinctly a pecullar case, and as the authority of the courts of two independent governments were there involved, cannot be considered as a precedent here. The New York ngld other cases cited are all clearly distinguish- able. Unquestionably, if the warrant of arrest was a forgery, If no such Justice of the Peace as H. C. Downing was in existence, it the prisoner had been arrested and subsequently pardoned, 1t the warrant of arrest had been vacated or set aside, or some other such fact existed as would show' the return to be false, petitioner could, in his answer to the return set it up and prove it, but under no authority that I have been able to" find, or call to. mind, can a court, on habeas corpus proceedings, enter upon the trial of & fact within the power of the committing or ar- resting magistrate to try. If, on habeas corpus, the court had such power, it could try the entire case. Under the law of this State a person who steals prop- erty can be tried for such larceny in any county into mhich he takes or through which he has taken the stolen property. If the con- tention of petitioner's counsel be correct them a person stealing property in the county of Ma- rin, taking it through Sonoma County and into Lake County, thereby rendering himself sub- ject to arrest and prosecution in any of these three countles, could, on being arrested in Lake County on a warrant issued in Sonoma County, sue out there a Writ of habeas corpus, and by alleging in_his answer to the return that he passed around Sonoma County instead of through it, comp:] the Lake County cou in some JADE SEALS IRE GENDINE Ho Yow Examines the Loot and Passes Judgment. At the request of Joseph F. Spear, Sur- veyor of Customs, and Deputy Surveyor Chauncey M. St. John, the Chinese Consvl General. Ho Yow, examined the jade seals and tablets which were taken from the Chinese Ancestral Temple in Peking during the laté war and brought to this country by Lleutenant J. . Schoeffel of Company M on the transport Hancock, which arrived in this port June 25 last. el the Sonoma County courts jurisdiction in the premises, 1 am confident that no authority can be found to justify such a proceeding, yet that Is exactly what counsel ask me to do in this case, Habeas corpus proceedings being orlginal pro- ceedings both in nisi prius and appellate courts, many decisions are probably ecapable of belng found, rendered by nisi prius courts, which hold all' sorts of thinge, but such are not authority. 1 have not at hand my own notebooks or I could cite many authoritative decisions supporting my conclusions herein, but I feel that the Cottrell case glone is an all sufficient authority. The following cases which I have been able to find in the library within reach all sustain my conclusions, and as an early opinion in thiss matter is desired, I will simply _cite them without quoting ‘therefrom, viz.: U. S. vs. Lawrence, 4 Cranch. C. C. 5i8; in re Wil- son, 140 U. S, n re Walpole, 85 Cal. 362; in re Blackbird (C. C.) 66 Fed. 541; ex parte Lehmkuhl, 72 Cal, 53; in re Farrell, 22 Colo. 461; in re Sennett, 146 Mass. 489; in re Ellis, 9 Mich, 322: in re Booth, 3 Wis. 145; People N, Y., 106 N. Y. 604; in re Leary, 10 Ben. 107; ex parte Bird, 10 Cal. 130; ex parte May- field, 141 U. S. 107; Smith vs. Clausmeier, 136 Ind.’ 105; ex parte Chatfleld, 36 Pac. R. 948; in re Snell, 31 Minn. 110; in re Perine, 1 Bard, 340, Kurty vs. State '22 Fla. 36 (1 Am. St. . 173); In te Clark, 9 Wend. 212; in re Vermaitre, Fed, Cas. No. 16,915, . FROM DAYS OF KING ALFRED. In the brief filed on behalf of petitioner by Hon, H. E. Highton it is argued that the Taw abhors the idea-of dragging a man 500 miles from his home to answer a charge of criminal misconduct, and that it is the boast of British jurisprudence that, from the days of King Alfred, justice was mot only made Oheap and certain, but brojught home to every han‘s door; and that this fundamental con- veption pervades our American system, both Federal and State. This Is true, but the peo- ple of California, by their constitution, which I5 the fundamental law of the State, have de- oreed that in cases of criminal libel by a news- paper the crime is committed in two places, the residence of the complainant and the place where the paper has its publication office, and has vested legal authority in the magistrates of each county to determine the facts giving n. e be & ardship, but the courts are re- quired to declare the law as the people by thelr constitution, and the Legislature by its enactments, have made it, and it is not within the province of a court to make the law. Strong arguments have been presented in the varlous briefs sent to me as to the actual Tesidence of the Governor. Such argumbnts should be presented, nct to this court, on habeas corpus proceedings, but to the magis- trate asserting jurisdiction, or to an appella court, ahould the magistrate fall fo be co them. yinced % the Governor ia in Sacramento or Los Angeles‘is not, as I have stated, for me tolg:ech;g-‘m made in one of the briefs sent to me, that because the complainant is described in 'the complaint as the Governor, the direct allegations as to his residence must be dis- regarded, is without force, for such descrip- tion is an unnecessary allegation and sLould be treated as surplusage, when the main fact of residence is directly and positively alleged. Sivery fact necessary to glve jurisdiction doss atfirmatively appear in the complaint, thereby meeting the argument of Hon. George H. Bahrs, filed on behalf of petitioner. ~All that is contained in_the last mentioned brief might Pe considered as true, but for the direct and positive allegation of residence contained in the complaint, which meets the objections made. 1t the complaint failed to allege the com- plainant’s residence to have been in Los An- Eeles County, or if the answer to the return fi ‘any way questioned the genuineness of the warrant or ~averred that the complaint had not been sworn to, I would most certainly deny the motfon to dismiss and hear what- ever evidence of that kind might be offered, but as the only issue raised is as to The truth of facts alleged in the complaint and in support of which the people must, at the examination before the magistrate, produce proof. 1 am compelled to grant the motion on the third ground, and remand the prisoner on habeas. corpus. to subpena witnesses an try the issue of fact which alone would give to the custody from which he was taken. And it is so ordered. CARROLL COOK, Judge. Ho Yow, after inspecting the tablets and seals for some time, stated that there was no doubt about their being genuine and of great value, and that they are| written in two different dialects of the | Chinese language. One of the tablets was made upon the order of Kao Chung Shun, Hwang Tee, and is dedicated to his moth- | er, Sao Shing Skin, Hwang How. Ho | Yow explains that the words after the name, such as “Hwang How,' means Empress, and Hwang Tee means Empe- ror. Upon examination of the seals it was_foynd that they are those of Sao Jet Ye, Hwang How; Shieh Chung Shin, Hwang Tee; Wen Chung Sin,-Hwang Tee: Ye, Hwang How, and King Tsao Ye, Hwang Tee, all of which are names of past Emperors and Empresses. It is known that-a similar seal to these was sold in London, England, some time ago and brought $3600 to its owner. The seals and tablets, which are being held by the United States, most likely will be returned to the Chinese Govern- ment. BRIEF MAKES HER A SUICIDE Young Woman EndsHer Life Because of Hus- band’s Arrest. LOS ANGELES, July 10. — Weighed down by the disgrace incident to the re- cent arrest of her husband on a charge of larceny and despondent over her un- happy marriage, Mrs. Canby Bell, the young daughter of John Q. Hutton of this city, committed suicide during the’ night at the home of her father. Her dead body was found at an early hour this morning and from the condition of the room it was evident that the young ‘woman had carefully closed the doors and windows and turned on the gas upon re- tiring, death soon following from asphyxi- ation. Mrs. Bell was 22 years old and was mar- ried to Canby Bell, a son of Major Hor- ace Bell, about & year ago. Her young husband is now in jail awaiting trial on a charge of having stolen two dlamond rings. Both Bell and his wife are mem- bers of prominent and well known fami~ lies in this city. B8y Dies From Shock. Arthur Hunter, 9 years of age, and whose mother keeps a candy store at 118% Folsom street, died at the Chil- dren’s Hospital yesterday and his body was removed to the Morgue. On June 21 the boy was riding on the back of an ice wagon and jumped off at Folson and Seventh streets. As he landed on his feet he was struck by a bicycle and knocked under the wheel of a passing carriage,. which fractured his thigh bore. He died from the shock to_ his system. The police will endeavor to find the bicy- chist and the driver of the carriage. —_————— Issues License for New Bank. The Board of Bank Commissioners is- sued a license yesterday for the estab- lishment of the Ocean Park Bank e at 0’11_.‘;‘3an Parki .tI{Dsn Angxeles Coun- Finds Family Destitute. - e new institution is a com- mercial bank and has been doing Guido Egleng, an aged German doctor, and his wife and two children were found in destitute circumstances yesterday at their rooms at 176 Seventh street by the cfficers of the Society for the Prevention of Cruelty to Children. The case was re~ ported to the Assoclated Charities. business since April 8. The bank's au- thorized capital is $25,000. which has been fully subscribed and half of which has already been paid in. T. H. Dudley has been chosen president, Abbot Kinney vice president and Plez James cashier. During to-day and to-morrow we shall sell lace open work hosiery for men at 2oc a pair. Hose of this quality has never been sold before in any store out West for less than 25c a pair, and 35¢ is the regular value. The hose are made of good qual- ity maco yarn, have spliced heels and toes, are seamless and positively fast col- ored; colors black, cardinal, dark and light slate. Just the thing for wear with Oxford shoes during summer; price while they last 20 = rair- It you were to call and see the excellent pajamas we sell for a dollar a suit we could convert you to wear- ing them instead of night shirts. Lut-of-town orders filled—write us. SNWO0D§ 718 Market Street.