The San Francisco Call. Newspaper, August 1, 1902, Page 4

4 THE SAN FRANCISCO CALL, FRIDAY, -AUGUST 1, 1902. SUPREME COURT DENIES GAGE'S PETITION AND TRIAL OF LIBEL SUIT MUST P ROCEED GAGE DOES 1 NOT WANT || A TRIAL n—— al A { NLY one construc- can be placed | n his conduct. | He does not desire a trial, [ I not face it ler conditions that im- | rness and prompt- | Hi was brought onal political pur- ie him over the give him || 1€ at a second | His imped- | are an uncon- | | ion of judg- || 1 a complete ex- only so ons of the" | 1 of our charges and ORI FOR MANEUVERS Army and Navy Chiefs‘ Prepare for Mimic Warfare. // PHOTe® e A WRIT OF PROHIBITION. WIST and turn as he IN ROAD BUILDING might through the Government Will Send Out Experts | mazes of legal proced- e Demonstrations Through- | ure Governor Gage, the 2 | elusive plaintiff in the libel suit PRACTICAL LESSONS manager of The Call, has been o%| brought to bay. His will-o’-the- ] | wisp dance in and out of the halls | of justice is finished, unless the % | ingenuity of the attorneys feed in his interest to keep the case as far as possible from a hearing dis- covers somc new process of pre- | venting fair and prompt trial. “The Supreme Court very promptly, and with little cere- rs, road buliders be used in pract n road bullding. th ed, ng pi roa and the most approved meth ad comstruction. : on the petition of Henry T. Gage m(,d,,“T,;?,;gd of Utanie | for a writ of prohibition to pre- : d;l"'—Of"‘gig’,c,pgfl‘f\?,g?q"fl;g;,;;g vent Judge Fritz from conduct- e At VY . Aowett. | ing 2 preliminary examination of | the charge of criminal libel pre- ey it gbre- | ferred against Messrs. Spreckels e eaaed by Lady | and Leake by Louis P. Board- ge was excellent throughout the Austra- | man A feyw vigorous sentences Barn commonwealth. \Last Barrier Interposed by Governor Promptly Dashed to the Ground by .the Highest Tribunal of the State. against the proprietor and the | mony gave its decision yesterday | — | CHIEF JUSTICE AND FOUR ASSQCIATE JUSTICES OF SUPREME - | COURT WHO DENIED THE PKTITION OF HENRY T. GAGE FOR G Is sufficed to expose the fallacious reasoning .of the petition, and a crisp conclusion, “the petition is denied,” brushed aside the last obstacle to the prompt examina- tion in a court convenient to witnesses, principals and attor- neys, of the evidence upon which The Call based its charges against Governor Gage, the pub- lication of which Gage alleges was libelous. . The Supreme Court sat in bank, and there was no dissent- ing .opinion. Justice Harrison and Justice Van Dyke/ were ab- sent from the city. The remain- ing five Judges were unanimous in the prompt and unequivocal decision rendered. Governor Gage swore to complaints at San Pedro with loud protestations of his inten- tion to press the case to a speedy vindication of his character. He was eager to air the matter in < X GAROUTTE 1 THE DECISION. In the Supreme Court of the State of California. In Bank. Henry T. Gage, Petiiioner, vs. Alfred J. Fritz Judge of the Police Court, ete., Respondent. By the Court: This is a petition to this Court by Henry T. Gage for an original writ of prohibition to restrain Alfred J. Fritz, Judge of the Police Court of the City and County of San Franciséo, from proceeding to hear and determine a preliminary examination of John D. Spreckles and W. 8. Leake upon a criminal charge of libel of the said Gage on the complaint of one Boardman. The grounds of the petition are that a charge of the same identical libel was pending be- fore a Justice of the Peace in the County of Los Ange- les upon a complaint made by said Gage and that therefore the said Police Judge of San Francisco has no jurisdiction to entertain and proceed with said pre- liminary examination; and, also, that the’ said pro- ceeding before the said Poliee Judge is collusive. Waiving the question whether a certain judgment of the Superior Court of San Francisco, which has been presented to us, de.ying a similar petition for pro- hibition is conclusive on the question, and not deter- mining the question whether the said Police Judge Fritz has any jurisdiction in the premises, still the petition for the writ must be denied for the reason that said Gage is not legally a person “beneficially interested” within the meaning of Section 1103 of the -Code of Civil Procedure. Whether the proceeding before the Police Judge is collusive is a question primarily to be determined by the prosecuting officers, and by the magistrate with whom the com- plaint is lodged. e The petition for the writ is denied. b i | | | i i, Reckoning - at Hand Too Promptly to Suit Executive. & . court, to force The Call to ex- pose in attempted defense the groundlessness of its charges— | this he protested repeatedly in | language as grandiloquent as the | manifesto of a South American dictator. The Call welcomed the opportunity that seemed at hapd, willing to have a judicial ruling upon the sufficiency of the evi- dence upon nounced the atrocious manage- ment of affairs of the State Prison at San Quentin. It was then that Gage waded a few creeks, sprinkled red pepper on his trail to baffle the blood-| hounds, and finally came to pub- lic view again in San Pedro, an estimable town, but intolerably remote from the source of all the evidence in the proposed suit, and from the San Pedro court the warrants issued, and on the remoteness of the San Pedro court and the opposition it was certain to cause on the part of the defendants did the Governor build his edifice of hope, confi- dent that his bold front would deceive, and that primaries and convention would have passed| |into history before The Call’s| evidence could become of record. When a citizen claimed the right to proceed against the pro- prietor and the manager of The Call on the charge of criminal libel of the Governor, and at-| tempted to bring the case to speedy trial in a court within| reasonable distance of the place| of residence of all concerned, Gage and his counsel inter- posed every obstacle that they could present. The last one has been brushed aside by the Su- preme Court with an unceremo- niousness that makes the Gover- nor’s effort ludicrous. 3 The _preliminary examination is on the calendar of Judge Fritz’s court for hearing this morning. Witnesses have been subpenaed. Apparently no fur- {| MILE | around |L which it had de-|! & ||| THOUSAND TRIP 1 TO COURT from the crime of libel and accused us of committing it, an oppor- tunity was given, which i we coveted, for a full, fair and open judicial examin- | ation of our testimony. But he so laid his proceed- ing as to make this diffi- cult, and in some' impor- || tant respects impossible, by going to a forum so distant as to compel wit- nesses and records to make a round trip of one thou- sand miles to get to court.—From an edilorial in || The Cali of July 31. | SHLORS DESERT THE MAVFLOWER Serious Trouble Aboard President’s Official Yacht. HEN he proclaimed himself a sufferer OXSTER/BAY, July 31.—Serious trouble has developed on the Mayflower, the Pres- ident’s official yacht. During the past few days nine desertions have accurred among the crew. A member of the crew said to-day that not less than seventy | men on board the ship were awaiting a favorable opportunity, after payday, to take “French leave” of the vessel. Primarily the trouble seems to revolve he executive officer of the ship, t W. W. Phelps, who, the men rbearing and tyrannical. Or- it is alleged, have been ; the men are on watch four, and when on ch dre kept hustling all the time; smoking {8 practicaliy prohibited on beard ship and shore leave is difficuit to obtain. The men are proud to be aboard the Presi- dent’s official vessel, but they declare they cannot endure the racking discipline forced upon them, not, they say, by Lieu- tenant Commander Al in command, but by Liew t Gleaves, nt Phelps. Uncle Sam’s Men at the Targets. LEAVENWORTH, Kans., July 31.—The ary shooting in the annual rifle i of the Department of the prelimi competit Missouri ended at Fort Leavenworth to- o t_McEachin, Company H, nd Infantry, mdde the best he preliminary two days’ firing. score was 247 out of a possible 400. Corporal Garv of Company A, Battalion of Engineers, stands second, with a score of 233. Private Coventry, Company M, Twenty-second Infantry, is | third, with a score of 223. Root-Gardner Fight ’s Licensed. SALT LAKE, July 31-The promoters of the proposed Root-Gardner fight, which was scheduled to take place at the Salt Palace Saucer Track August 14, to-day obtained a license to pull off the contest on August 15. This, in the opinion of Mayor Thompson, takes the matter ouf of the jurisdiction of the Elks, who have a blan- ket lic on all amu: warded to Governor Wells Grand Exalted Ruler Pickett, asking for intervention. Prominent Elks believe that if the fight occurs Salt Lake Lodge will lose its charter and the Grand Lodge will go elsewhere in Utah. Meet Death by Drowning. FARMINGTON, Me., July 3L—Two women and a_man, farmhands, were drowned in Kennebago stream, near Mocse Lookmeguntic Lake, last- night. One of the victims is the wife of Carl Virgin, who reached here to-day in a dis- tracted condition. Virgin collapsed after saying that his three companions had been drowhed and was unable to give any detalls of the accident. @ ieieieieiieieinieinielinifn it @ ther device can clog the wheels of justice. The Governor clam- ored for vindication in the courts. The Call has been ready and willing at all times to make its defense and leave to the courts and to public opinion the decision as to the rectitude or the contumacy of the course it pur- sued when it made the charges against Gage. The trial is at hand, but Gage is not reported to be wholly pleased with the_ event. DOAN’S KIDNEY PILLS. A CASE OF IT. Many More Like It in San Franeisco. The following case is but one man: similar oceurring dally in San )‘r‘-‘nclnoy It i3 an easy matter to verify its correct- ness. Surely you cannot ask for better proof than such conclusive evidence. ‘William Blackwell of 14 Jackson street says: “If all troubled with pain in their back and annoyed from the actlon of the kidney secretions could have these ended as quickly as the use of Doan's Kidney Pills ended mine, backache and its ac- companying ills need have no terrors for sufferers from kidney complaint. I had considerable annoyance from pafn in my back, gnd I knew from the condition of the kidney secrstions that the kidneys were at fault. Doan's Kidney Pills, pro- cured at the Owl Drug Company, 1128 Market street, stop) the last attack.” For sale by all dealers, price 0 centa Foster-Milburn Co., Buffalo, %l Y., sole agents for the United States. > emember the name—] 's—and Do substitute. s g