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

9 THE SAN FRANCISCO CALL, ~ATURD : AUGUST 2, 1902, NEW ADVERTISEMENTS. A PROMINENT DIVINE Adyises All Persons Suffer- ing From Lost Manhood to Send for This Free Cure. i 1 { | HAS THE OFFICIAL ENDORSEMENT | ©f the U. S. Invest gat'ng Rcports th Amer'cas A th ri.y on Al *ln.rs of Public Welfare. READ THIS OFFER. 1 ACCEPT IT TO-DAY. 1 have a message to every suffering and health-broken man in this country. If you are affiicted with Sexual Weakness or Nervous Debility, I want you to read this article and then write to me. I aave a medicine with which I have cured hun- | tireds of my friends and others who have | written me for it. & sharper, but & I am not a doctor. or | « plain business man, and I want every wealk, disappointed and de- bilitated man 1o write to me for a copy of the formula from which this wonderful medicine is prepared. I do not ask you for money. It is free. Read the following, by Willlam Cole, M. D.. Washington, D. C., published in ti United Investigating Reports regardicg the prescription from which this remedy for curing Lost Manhood is prepared: During the examination of men for the army Quring our recent war with Spain, our United States army physicians were shocked to find %o large @ percentage of men disqualified be- | cause of mervous disorders. It is mot the pur- | pose of these reports to enter into a statement of causes, other than to say that the sufferer is seldom to blame. His eondition is Indeed | deplorable; his memory fails him, his energy gone, his eyesight dimmed, his muscles soft and his nervous stamina gone. He i pitied by those versed in mervous isorders and repelled by those of both sexes who do mot understand how dark the world is to him. Some fifteen years ago the writer gave atten- tion to the cure of mervous @isorders, and found that the late Dr. Wilson, Professor of Chemistry and Practitioner of ,Medicine in | Believue Medical College of New York, had a | formula of wonderful power to restore to men | the fullness of their physical and mental | strength. In the year 1883 the celebrated Dr. Wilson died, 2nd his formula has been obtained by L. F. Page of 201 State street, Marshall, Michigan, who prepares it according to the | original prescription, and from our analysis of | e same, by our Board of Investigation, we | nd it composed of pure and fresh drugs, and that it is sold under the name of “'Dr. Wilson's Restorative Remedies.” Our investigation was extended into a great number of sifnilar prep- | erations, mone of which were found equal to the sbove, while many were prepared by those who knew little or nothing about therapeutics- or materia medica. We hereby caution the public against the use of all uncertain reme- @ies and all who need nerve-life bringing medi- cine we recommend them to take Dr. Wilson's Restorative Remedies, prepared and sold by L. F. Page, 201 State street, Marshall, Michi- gan, and unto the aforesaid Dr. Wilson's Re- storative Remedies we extend the officlal en- dorsement of the United Etates Investigating Reports. H To every one who writes in good faith I | vill send the full formula of this won- | Gerful medicine. This prescription and full directions are sent free. Have it fill- | €1, or if you desire, you can buy the rem- | edies and prepare it privately just as well | yourself. One prescription will make a | rew man of you. One dose will be ‘enough | to convince you of its marvelous power. | ong those whose attention has been &itracted by this magnanimous offer Is toe Rev. J. 8. B. Crawford of Waynes- vile, N. C., a very prominent divine, | whose own vitality was seriously impair- ed. Being sick of paying money to| quacks and charlatans, who took his| money without doing him any good, Mr. | wford had the prescription made up | took it regularly, as he was directed, | with this result: He was perfectly cured, | &nd after several years of enjoyment of | his newly given powers made the state- ment publicly that every man in need of help should do likewise. There are not many ministers who would be willing to publicly indorse and | 1ecommend a cure of this kind, with the | statement that they themselves had been | cure€ by it, but the Rev. Crawford has | in him a great deal of true gratitude and | love of mankind. This is shown in a re- | cent letter in which he says that he makes public acknowledgment “in order that others may receive the same happy resuits.” You are older now and can look back end see the mistakes you have made, but you cannot recall the vigor and fire of | the springtime of robust manhood. Your tiansgressions have left their mark upon you. Your errors and excesses have rav- | eged your system and undermined your ! nerve force. Quickness, backache, ner- vousness and debilitating drains and worn-out, shrunken and lifeless organs are mi your life a miserable exist- ence devold of pleasure. You hesitate and falter; you are mot the man you once were and you know it. Cast aside your modesty. This matter is too im- portant. Act at once with manly decls- jon. This formula is printed and costs me al- most nothing, and I give it free of any charge. I do not ask it, but if you desire to 4o 50 you can pay something after us- ing it. 1 want to help every suffering man in America to regain his health and strength and the ability to enjoy = the | plcasures of life as I do. Address L. F. Page, private box 742, Marshall, Mich. i { | { | SSOHEMIAN & ALL BOTTLED KNG O " " pegpst . SOLD EVERYWHERE. Weak Men and Women USE DAMIANA BITTERS, THE Sk sonicar Remedy; gives heaith and sirencit o sexusl orEans. Devot. 325 H ’ to this Court. question. in a collateral proceeding. INTEND to conduet this case if my duty lies in that direction. propose to do my duty in the case. In the Court please, Mr. Moore seems to think that the District Attorney’s ofiice is not ready to do its duty. {he District Attorney’s office is ready to do its duty in this ease, as in all cases at all times. - This case is not an entirely new question In a case not long ago where the charge of collu-" sion was made, I took the position at that time that it would not be proper for the Court to _go inte a collateral examination of that It would be trying some ‘'0of the main facts of the cise In a ease of this kind, where tue rest of GAGE'S REPRESEN TA | DISTRICT ATTORNEY’S OFFICE IS READY TO DO ITS DUTY I I want to say right here, I want to say that the people of the State of California are involved, the motive of the party instituting the proceeding cannot be brought into question. The prosecuting witness has no other position than that of an or- dinary witness in the ease.—(Extract from statement of Assistant District Attorney Whiting.) Asks for Two Days’ Time to Prepare a Proposed Examination. \Moore Makes Pretense While " Report of Secret Move Is Circulated. HIS ATTORNEY. Continued From Page One. for a writ of prohibition against Police Judge Fritz and thereby overcome the ruling of the Supe- rior and Supreme courts that Gage does not possess a benafi- ary interest in the proceedings. “Itis given out in certain quar- ters that as Justice of the Peace Downing and the District Attor- ci to have an interest in the San Francisco libel case that a writ of prohibition can be secured by them and thusvassist Governor Gage in preventing a hearing before Judge Fritz. “Jones to-night stated that pro- ceedings would be taken to-mor- row before the Supreme Court which will take the case to San Pedro. He would not state what the nature of the proceedings be- fore the Supreme Court would “Justice of the Peace Downing could not be found to-night.” Defendants in Cou-t. ; The defendants, John D. Spreckels and W. S. Leake, owner and manager of - The Call, respectively, came. into court with Attorneys J. C.‘Camp- bell and E. F. Preston prepared to put in the defense.and -deny the allegation that they., hadd: ‘antly dared Governor libeled Governor Gage in expos- ing the administration of War- den M. A. Aguirre of San Quen- tin prison. Assistant District Attorney Whiting and Attorney L. P. Boardman, the complainant, were in court ready to probe into the charges made by The Calil, while many witnesses were in attend- ance. Moore's understudy was a silent spectator of the court proceedings. Warden M. G. Aguirre was not present, and though no explanation for his ab- sence was made to the court, it was given out that he was attend- ing to the execution of a Chinese murderer at San Quentin prison. When Judge Fritz called the case for criminal libel, Moore, the railroad attorney, addressed the i court and was allowed to pro- ceed. Gage's representative stated that while he was the at- torney for the Governor, he only L 1 2 e e e e R 28 SRR MO MR SR R RESLT PLEASES THE WATIEHN ROME, Aug. 1—The Observator Ro- mano, the Vatican organ, reproduces an interview with the Right Rev. Thomas O'Gorman, Bishop of Sioux Falls, §. D., concerning the Taft negotlations, saying that those negotiations were happily end- ed and adds: “The gift of the Pope to the President is evidence that all was concluded ac- cording to the desires of the Vatican.” According to statements obtained from reliable sources it is the intention of the Vatican that the friars of the Augustina, Dominican, Franciscan aud Recolieto or- ders now in Manila, who number about 450 men, should.leave there in small num- bers at different times, so that when the moment comes to resume negotiations be- tween Governor Taft and the apostolic delegation all the friars will have left tke archipelago in such a way that the friar question will have resolved itself with- out the necessity of further discussion. The foregoing plan is interpreted as a late but significant recognition by the Vatican that Secretary Root’s first propo- sition, made to the Vatican through Gov- ernor Taft was the most liberal that could be devised for the settlement of the question, The great influence of the religlous or- Gers in Rome must be reckoned with, how- ever, should they think it to be to their Interest to resist the measures. From present indications this ‘would seem not 1o be so, as the general of the Augustin- fans will soon leave for the United States to choose American Augustinians to re- place the Spanish members of that order now in Manila. Kills an Electrician, BUTTE, Mont., Aug. 1.—A speclal to the Miner from Missoula says that Eu- gene C. Ketcham, night electrician at the Bonner electric power plant, was electro- | cuted some time last night. His body was found this morning lying by a dy- namo. From the nature of the burns it is beolle_vei Ketcham fell against the dy- - appeared: as a - “friend of the court.” In his - wearying argument Moore took the stand that every. one appearing in the proceedings was actuatéd -by motives of an- tagonism to Governor Gage. The integrity of. thé court was as- sailed; the District. Attorney. and his assistants'were accused of sin- ister motives, insuiting remarks were made of the defendants; hints * of Dbribery were thinly O | veiled and charges of collusion ney of Los Angeles County claim | and fraud were scattered broad- cast through the railroad attor- ney’s harangue. No Reason for Request. Not a single reason did Moore put forward in his request that the hearing be postponed.- He asked that evidence be first taken by the court on the charge made that the proceedings were collut sive and fraudulent, and that. the court therefore had no jurisdic- tion. With colossal effrontery-Moore demanded that he be allowed two days in which to prepare himself for this preliminary investigation of the charge of coliusion. When Moore had exhausted the vials of his vituperation and illogical arguments he was forced to listen to “scathing arraign- ments of his clie e, and himself, by the attcm%r he defendants. 2 Colonel IL. F. Preston -made a brilliant speech, and trig#iph- Gage and his attorneys to come -ifito court and help -the District At- torney to prosecute the libel case: The contention of Moore that the proceedings were based on political reasons was treated with well-deserved contempt. Moore was made uncomfortable’ when Colonel Preston demanded to know by what right Gage, who was a “‘stranger” to the proceed- ings, “dared to try and further clog the wheels of justice. Colonel Preston - disposed of the allegations of Moore that the case was based on collusion, and clearly outlined the law showing that L. P. Boardman had a per- fect right to file an information in criminal proceedings, and that Gage could only comie into court and assist the District Attorney to prosecute for the people. Lawyers Outline Law. Attorney J. C. Campbell fol- IANIY'S SHELLS MAY BE FUTILE WASHINGTON, Aug. 1.—The Navy De- partment people hope to offset the re- cent development in high explosives and armor-plercing projectiles by the army through a considerable improvement in the resisting power of the armor plating of a battleship. Lieutenant Davis, attached to the Na- val Ordnance Bureau, has produced aa armor plate which was recently tested at the proving grounds at Bethlehem and the resuits encourage the naval officers here to believe that the armor plate has agaln overtaken the gun in the never-end- ing struggle for supremacy. This piate is obtained by a novel pro- cesg, carbon being driven directly into the surface of the hot plate by immensely pow- erful currents of electricity, the result be- ing plate as hard as glass and of any thickness desirable, supported by a tough back, which it 15 declared cannot be cracked. The depth of the hardening is ruled by the length the current plays upon the plate, It is sald that an average plate can be completely treated electrically in five hours. Moreover, the plate is declared o be a third lighter for the same resisting power, which means a great saving to constructors. Snags Impede Navigation. REDDING, Aug. 1.—Steamboat naviga- tion on the Sacramento River is impeded this early in the season because of the low stage of the water and the presence of snags in the channel. Wednesday's boat could get no farther than Tehama. The cargo had to be discharged there and shipped to Red Bluff by rail. The Gov- ernment long ago designated Middle | Creek, four miles north of Redding, as the | head of navigation. Boats usually have no trouble in making Red Bluff, but of | late years no attention has been paid by | the Government to keeping the upper channel clear of snags. ne month's work by a good snagboat would make Red'’ Bluff again accessible to steamboats. lowed on similar lines to those of his associate. - He argued that no one had the right to try and block -criminal proceedings by inguiring into the motives of a complaining witness. Attorneys Preston and Camp- bell clearly’ outlined the law on the question-of jurisdiction and collusion, and argued that Gage’s lawyer was clutching at shadows. - The attorneys for the defend- ants-claimed that the libel pro- ceedings were founded on facts. A libel was alleged to have been committed, and the publication office of the accused newspaper was in this city-and county. The law allows a citizen to file an in- formation on belief, and as this had’ been done, the court had proper. jurisdiction of the case and could not hold a preliminary collateral = examination of the charge of collusion made by Gage and his legal representa- tives. Assistant . District Attorney Whiting took Moore to task for his assertion that he (Whiting) and his associates did not intend to prosecute the libel case to the full extent. ~ Whiting hurled the accusation back at Moore, and informed the railroad attorney that the Dis- trict Attorney’s office proposed to prosecute the case and do its duty in all cases and at all times. In order to gain farther time Moore, the'railroad lawyer, pro- ceeded to read a number of de- cisions that he had already read before Superior Judge Sloss and which were embodied in the ap- plication for a writ of prohibition to the Supreme Court. Moore Asks Question, Moore was hoist with his own ‘petard when he agreed to answer a question of Attorney Campbell provided he be allowed to ask Attorney Preston a ques- tion in return. With an air of triumph Moore asked Colonel Preston if he had not been aware of the intention of L. P. Boardman to file the in- formation in the criminal pro- ceedings before such steps had been taken. Colonel Preston replied that the first intimation he had of the action of Boardman in filing in- formation and asking for the ar- rest of Messrs. Spreckels and Leake was when he (Preston) SECAET SERVICE 5 NOT BELISHED His Highness the Grand Duke Boris of Russia enjoyed himself yesterday. He was the guest of Jules Clerfayt yester-: day afternoon and took a tally-ho ride to the Cliff House. In the evening he Wwitnessed the performance of “Aida’ at the Tivol, He will be theé guest of Collector of the Port Stratton to-day and will . be taken for a ride around the bay. He will attend services at Trinity Cathedral ©of the Greek-Russian Church on the west side of Powell street, near Filbert; on Sunday. On Monday he will leave, ac- companied by his suite, for the Yosemite, and on his return will spend two days at Del Monte before going East. The distinguished guest is still care- fully guarded by the secret service agents against cranks who might assault him. The 'precautionary steps taken by. the secret service appears to be irksome to the Duke, as he never tells the detectives Wwhen he is going out. In fact, he makes desperate efforts to give them the slip. He is without doubt the most democratic Tepresentative of royalty that has ever visited San Francisco. He is immensely popular with all the attaches at the Pai- ace Hotel, owing to his unostentatious manners. Piles Cured Without the Knife. Itching, Blind, Bleeding or Protruding Piles. No cure, 'No Pay. All druggists are authcrized | by manufacturers of Pazo Ointment to refund money where it falls to cure any case of piles, no matter of how long stanaing. Cures ordinary | cases In six days; worst cases in fourteen days. One application glves ease and rest. Relleves itching instantly. This is a vew discovery, and is the only pile remedy sold op positive guar: antee, no cure, no pay. A free sample will be sent by mail to any ons sending name and ad- fi'fl"‘mfli’“ rficw:“x your dru:::llt don'tnu-p n se! n stam) we will for- ward full size box by mail.. Manufact iy B m o | also inufacture the celebrats . col Laxative " Bromo-Quinine Tablets. A immediately notified the police. S ‘read of the affair’ in the news- paper. When Colonel Preston said “1 did not know where Boardman was and he might have been in China or ‘Japan, or farther away,” Moore replied with ill-concealed chagrin, *“Yes,' I' wish he had been still farther away.” . After. Assistant’ District Attor- ney Whiting had asked the court to first " decide ‘the question of holding a preliminary collateral examination on the charge made by Moore of collusion and conse- ‘quent lack of jurisdiction, Attor- neys Campbell and Prestoa an- swered the decisions quoted by Moore and showed that they had absolutely no bearing on the pro- ceedings. S " Judge Fritz announced that he would take the matter under ad- visement and render a decision this morning as to taking evi- dence in a preliminary collateral examination on the charge of collusion. Judge Fritz stated that if he decided to go into the mat- ter of collusion he would hear the evidence this morning. The main case of the libel proceedings was continued until Monday morn- ing at 10 O'clock, and the wit- nesses were ordered to be in at- tendance at that hour. MOORE ADMITS. Continued From Page Ome. conventionally a prosecution In the name of the people of the State of California, In fact it was and fs not a prosecution by the people of the State of California. At that time your Honor made the remark that you would not require Mr. Boardman to submit himself to ex- amination at that time. That is the record; and Intending -to be entirely fair to your Honor, when I embodied those matters In the petition for the writ of prohibition, I set out exactly, according to the fact, that your Honor sald that he would not at that time require Mr, Boardman to be examined. Since we have been here, this case, in its many phases, has been, I believe, before two courts, possibly three. His Honor Judge Sloss, in an applica- tlon for a writ of prohibition—the application being on the double ground of an original lack ot jurisdiction, and lack of jurisdictfon by rea- son of the' fact of collusively obtained juris- diction—sald in his decision, in substance—not having it before me—that the question as to whether or not ‘the jurisdiction had been col- lusively obtained. or whether there was a traudulent jurisdiction, was one for the Court before whom the case was pending to deter- mine for itself. I am not disposed to travel or find “fault with decisions of courts. It is the first" duty, I suppose, of my order to accept with proper respect judicial decisions. I.may say in passing that the effect of a decision like that, in my judgment, would rob the original prerogative of the writ of prohibition Tl ¥ s e originally in- stituted :to enable courts of superior judgment to supervise and hold a revisory power over the jurisdiction of what were then called petty or inferior courts, REGARDING THE WRIT. It it hall be the law that a Superior Court cannot by prohibition call to account or in- quire into the act of an inferior court, thus to check it from exercising jurisdiction which it originally never obtained, or from acting in excess of its jurisdiction, until in fact the in- ferior. court has passed upon this question it- self; and if it be the law, as stated by Judge DIES INA TUB WHILE BATHING The body of an unkown woman, about 25 years of age, was found shortly after noon ‘yesterday in a bathtub in a lodg- ing-house at 41 Eddy street. She rented a room in the house Thursday night and said that she came from Los Angeles. Mrs. “A. E. Doton, who conducts the lodging-house, made the discovery and At first | it was thought that the deceased was a ! vietim of foul play, but subsequent in- | .vestigation leads to the belief that she dfed of natural causes. The unfortunate woman first appeared in the neighborhood Thursday night. She wandered into the Australian saloon, next door to the lodging-house, and made friends with the bartender, Frank Wil-, liams. She looked as if she had been drinking heavily, and to Willlams she stated that she had just ar- rived from Los Angeles with her husband, but that she had quarreled with him and he had returned home. She retired late Thursday night and shortly before noon yesterday she awoke and re- quested the landlady to show her to the bathroom. About an hour later Mrs. Doton_ had occasion to go into the bathroom and she found the woman lying in the tub with her head and body slightly turned to the right side. There was about a foot of water in the tub, but the woman's head was not immersed. f . Mrs. Doton notified Policemen Hutch- ings and Gruenwall and they _ notified Chief of Detectives Martin. Detective Archie Hamill was detailed on the case and he was not long in making up his mind that the woman died a natural | defith. : 1 er clothing was not of the expensive variety, though neat and clean. B)f: wore | short white coat, a dark skirt and lack straw hat trimmed with cheap | feathers and flowers. Nothing was found that would give a cl Ehay woul gt clew to her identity. this eity, ice belleve that she belongs in IN FORUM ACCESSIBLE TO WITNESSES AND EVIDENCE TIVE SEEKS TO BLOCK JUSTICE 'E comes here now after de: Hdefc-t in the Supreme Cour and calls this prosecution Infamous for whom? Infa volved, touching as it does the in Executive of this great State? L his hands, put on his armor and delay until these primaries tha Don’t delay and put off and postp: are now being appointed and wh 1s telling the truth when he say delay until they are all appointe (Extract from argument of Attor: o Sloss, that the corclusion of the inferior court on that subject given would be conclusive, it at once becomes spparent that there is no of- fice in the writ of prohibition at all, because it is axiomatic that a writ of prohibition will only lle to acts in- excess of the Jurisdiction, and you cannot correct an act already p formed by the court outside of its jurisdictio.. 1t Is necessary to say that it that be the law there is no writ of prohibition which we could avail ourselves of, except in the respect In- dicated. The court did say—Judge Sloss did say—that an examination of the question as to whether the jurisdiction had been collusively obtained would be for your Homor to deter- mine. . There was no question made by Judse Sloss hut that a jurisdiction collusively obtain- ed and fraudulent would be no jurisdiction. I | don’t understand that as we progress with' this | matter it will be necessary to argue the fact as to whether jurlsdiction imposed upon the court by collusion and fraud Is a jurisdiction, because Judge Sloss held in effect that such a jurisdiction is no jurisdiction. When the mat- ter came before the Superior Court upon the same kind of petition the Supreme Court said in effect that while it could not and would not consider the real merits of the application, be- cause it concelved that the petitioner, Henry T. Gage, was not a party beneficially interested within the meaning of the code sections upon that subject, it did say preliminarily—I believe -that is the word—if that is not the word, we must not quibble—preliminarly the objection a3 to jurisdiction fraudulently and collusively ob- tained should be made to the prosecuting at- torney and .the magistrate. 1 have made that objection to the prosecuting attorney. I have made it before to your Honor. And I now ap- ply to the court by reason of the fact that the District Attorney does not institute inquiry— 1 now apply to your Honor to interpose evi- dence before your Honor upon that subject. Mark you, it is the law by Judge Sloss’ de- cisfon—if not by the express words of the de- clsion, by the remarks of the court during the progress of the examination—and certainly it is elementary law that if the jurisdiction s im- posed upon by fraud it don’'t make any differ- ence whether there could be a real action upon that subject-matter, or real parties, if the in- ceptive steps were taken by fraudulent collu- sion. The court in such circumstances acquires no jurisdiction. NO NECESSITY FOR DELAY. Now, it would take certainly a day or two to prepare myself, or whomsoever. should. rep- resent Henry T. Gage, to fully present that matter to your Honor upon the facts. I don't apprehend that there is any necessity for de- lay—for speed in this case. Certainly there is no necessity for speed in the case -which would commend itself to a court. If there is an apparent necessity for speed in the case- it arises for political considerations, which in my judgment, and I think I have the right unhesitatingly to assert, are the foundation and ground work of the prosecution, it belng true in fact that there never would have been this prosecution here by a friendly prosecutor with friendly defendants but for political consid- erations, and those only. It may be that the same cobsiderations which impelied Boardman, Leake and Spreckels originally to combine for this prosecution for political purposes will im- pel them to hasten it, using it for their own purposes, occasionally going forward and oc- casionally delaying it to sult their final ends in that regard. Of course, it is a matter of common and public notoriety that the politi- cal primaries and conventions are-now ap- proaching, and it might be, and doubtless is, the purpose of the proprietor and the manager of The Call newspaper, and of Mr. Boardman to keep this collusive, and I may say infamous prosecution alive for political purposes during the approaching campaign. But such consid- erations would not appeal to a court. I say that unhesitatingly and freely, without any Delief to the contrary. Now I say to your Honor that we ask leave to examine Board- man and such other witnesses as may appear to be proper and necessary to be examined, for the purpose of proving to this court, with- in the decision of the Supreme Court and the decision of Judge Sloss, that this {s a political conspiracy; that it is a fraudplent combina- tion; that it is an imposttion upon your Honor; that it is a fraud upon’ the taxpayers of the city and county of San Francisco; that it is en attempt here ta run a case which the Dis- trict Attorney’'s office, absolutely, as I under- stand, knows.nothing about, except what they derived from Boardman; and we know as a matter of fact that Boardman knows nothing about the case except what he may have de- rived from Spreckels and Leake. Now, two days will be amply sufficient. If your Homor will grant us two days we will then be pre- pared to go forward with that question and undertake to prove to your Honor that this is a collusive, conspiring, fraudulently acquired Jurisdiction. And I ask the District Attor- rey's office, in all falrness, I ask them, coh- sidering the fact that they know nothing of the facts of the case, except as derived from this friendly prosecutor, considering the fact that if this case should go forward now, the reputation, the honor of the man charged to have been libeled by this, in this charge, would be left in the hands of his accusers; consider- ing the fact that the District Attorney’s office 18 not ready—and they will not say they are ready. in my judgment,.to prosecute this case themselves—they are not ready to cross-ex- amine witnesses who may be called here by the defense; that they are not famillar with the facts; that they don’t kmow, for instance, whether the Prison Board Commission of this State has examined this matter—they don't know whether the Prison Board has investi- gated the matter and invited Spreckels and ake to present. their charges there and that they have not dared to do it; they don't know diction vests— CHARGES OF CORRUPTION. 1 pause to say that this matter surrounds the so-called prosecutions of Martin Aguirre— the charge being that Martin Aguirre was cor- rupt and that Gage was corruptly benefited by the frauds of Martin Aguirre. The District Attorney’s office, 1 undertake to say, has never consulted Martin'Aguirre. If Martin Aguirre was put on the witness stand here for the pur- pose of having asserted fagts proven by Board- man for the benefit of Leake and Spreckels, e e e B SRR R R SRR SRR AP FEDERAL SALT LOWERS PRIGES The Federal Salt Company has cut the price of salt. ‘The reduction went into effect on Wednesday of the present week. The rate for table salt has been dropped frem $260 to $225 per bale. Dairy salt has been reduced from $26 to $2040 per ton. Half-ground sait has gone off on 50s from $2015 to $15 65 Rock salt is now $510 on s, as against $1960 a week ago. The slash in prices has caused general surprise. The Federal Salt Company has been having ‘(thsc own wtsy p;etty -well and has made orice for the market with little to Interfere, with it. The only explanation that the dealers in commodities which re- quire salt have is that prospective com- petition is the secret of the cut. Yesterday a story was current that a large amount of salt was coming to this port in cargoes from Liverpool. been brought here in ballast with an oc- casional cargo, but the Federal Salt Com- rany, with one or two notable exceptions, kas succeeded in’ getting possession of it and so keeping control of the market. Investigation reveals the fact that no sait cargoes are coming, but an indefinite amount, possibly 1000 tons in all, is afloat as ballast and b 2 #ooneliast and bound for the Goiden Gate The more likel. ductions just m; Company appea; y_explanation of the re- ade by the Federal Salt TS to be that the San Ma- - AFTER DEFEAT HE CALLS PROSECUTION INFAMOUS feat in the Superior Court, after t, he comes back here to this Court infamous. Infamous for W ? mous for the question that is in- tegrity and the honor of the Chief et him come into Court, throw open meet these questions here. Don’t t he speaks about have been held. one until these delegations who o want to know whether this man s this libel is false or not—don't d and go upon their mission.— ney E. F. Preston.) —_— % the District Attorney’s office could not possibly cross-examine him with any knowledge of the facts necessary. Considering all these matters —while I insist as a mattey of right—I certain- 1y. courteously and in as friendly way as I can, request the District Attorney's office to join with me in the rgquest to your Homor that this matter be postponed, say, until Monday that we may have an opportunity to go for- ward with these matters. We could have been ready now, and doubtless would have been ready now to go forward with these matters but for the fact that we have met With very serlous disappointments—we have applied for a writ of prohibition to Judge Sloss. That, as | your Honor knows, has been denied, and the | grounds upon which it has been denied. We have applied for a writ of prohibition te the Supreme Court of this State, which has been denied upon the technical ground—as they have the right to do—it has been denied on the technical ground that Governor Gage was not the party beneficially interested. It thus ap- pears, if your Honor will take the decision of the Supreme Court rendered yesterday, upom the ground that the libeled party is mot bene- ficlally Interested, and will taKe the decision of Judge Sloss that the writ of prohibition will not prevent the Inferior court from going for- ward at all—you will see that we are thus con~ fronted with the situation which has been made so plain by these dectsions, which have crys- tallized themselves into such a plain selution of the questiow that the wayfaring man may read —we gre thus confronted with a situation which leaves open the opportunity to bring as many prosecutions as may be desired, friendly or un- friendly, by a friend of the defendants, and un- friendly to the prosecuting witness, whether he be rich or poor, able or unable to stand the ex- pense of the prosecution. Whether the State is able to stand it or mot, there is mo power under the constitution and laws of the Stat® of California to prevent men from being prose- cuted in as many counties of the State as any- body chooses to prosecute them, with the ease of a lax conscience to make the necessary avers ments for the prosecution. In closing I aslk your Honor for that time. SUPREME COURT TAKES VIEW OF JUDGE SLOSS OLONEL E. F. PRESTON, for the defendants, then addressed the court as follows: It your Honor please, I almost imagined that I was again before Judge Sloss, listening to the voice of the learned counsel speaking for the petitton for prohibition presented to Judgs Sloss, repeating in extensa and In detail every charge made by the learned counsel at bar with reference to collusion, and which was given as a reason for a writ of prohibition, and why Judge Sloss should issue that prerog- ative writ to this court and prevent this court from proceeding. It is true that Judge Sloss said in that case, as counsel has stated, that so far as the court's hearing the application for the writ was concerned it wWas not a ques- tion which could concern it. Evidently the Supreme Court of the State [the same view. So that the learned counsel is. ate in having differed with the Superfor Court and in having differed with the Supreme Court as to what is the law bearing upon and gov- erning this question. And it sewns to me that he mistakes the shadow for the substance.’ There is a question as to whether this court has_jurisdiction. Whether that jurisdiction is con by collusion, as he says, or not, thers can be no true jurisdiction, no jurisdiction fact, conferred by the collusion of anybody. If the jurisdiction of the court exists as a legal fact, and as a legal consequence of the laws of the State, then there can be mo collu- sion, and there can be no vesting of a juris- i diction by collusion within the meaning of the statement of the counsel. It is only when par- ties present false facts upon which the juris- dictlon_vests— - Mr. Moore (interrupting)—No fact is pre- - nted, and there is no such thing as false sucts. Mr. Preston—The statement that thers is col- lusion—there is a fact. There is a fact here stated that there is an alleged libel. Mr. Moore—I say no fact is false. Mr. Preston—No fact is false; but a pre- tended fact is. The gentleman Is technical, and I thank him for interrupting me. A pretended fact, not existing, is given to the court, or is presented to a court, and by collusion’ be- tween. the parties, the court belleving that it does exist, assumes a jurisdiction dependent upon a fraud on the court. That is in tms case. If a libel has been committed, and the principal office of the paper is in city and county of San Francisco, then by virtue of the law of the State of California jurisdiction vests in this court—not by collusion, net by fraud, but by virtue of the law and the fact that the libel has been committed, and that the statutes of the State give this court its power to investigate, to examine and to deter- mine. INVITED TO GO TO COURT. Evidently the other courts have taken my view of this question, since they have decided against the learned gentleman. And so far as the District Attorney’s office is concerned, s& far as the gentleman himself is comcerned, so far as every man and citizen of the Statd of California who thinks he an interest in this libel is concerned, speaking for the de- fendants, they were some time ago, as your Honor remembers, invited to come into this court and participate in the prosecution of what the learned gentleman Is pleased to call “an infamous prosecution.’” The echoes of his argument In the habeas corpus case, where he was defending the jurisdiction of the San Pedro | Court, show the principal which I seek to in- voke 'here. There is no secrecy; thers is no collusion; there is no fraud in the establish~ ment of the jurisdiction. There is no secrecy, there is no fraud, there is no collusion at- tempting to control the prosecution. TWwo courts have decided that Henry T. Gage, whom the counsel represents, is not a party beneficial- 1y interested in this proceeding. They have held that he bas no right to appear and at- tempt to clog the wheels of justice. So far from it being an infamous prosecution, hs should welcome the opportunity that is given him to come into this court and fairly and squarely meet the issues and charges bis honor and integrity which have been mada by the defendants in this case. He should wel~ come it with outstretched arms, and he should accept the invitation and the challenge of the defendants to come Into this court of justice and present his case, and vindicate his guber- Continued on Page Three. ADVERTISEMENTS. What HAre Humors? They are vitiated or morbid fitids cours- ing the veins and affecting the tissues. They are commonly due to defective di- gestion, but are sometimes Inherited. How do they manifest themselves? In many forms of cutaneous eruption, salt rheum or eczema, pimples and boils, and in weakness, languor, general debil- ity. How are they expelled? 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