The San Francisco Call. Newspaper, August 8, 1902, Page 4

THE FRANCISCO CALL, FRIDAY, AUGUST 8, 1902. ANOTHER WRIT OF PROHIBITION ‘Judge Cook Dismisses | Rives Case Because ‘Interest Is Lacking Court Expounds the ! Law on Question in { | Thoughtful Opinion “RIOR JUDGE COOK vyes- filed his opinion_grant- e motion of Police Judge for the dismissal of the of prohibition issued to v Rives of Los by which ped frem hearing stituted by Louis | n D. Spreckels 1 render such a v from the na s during the argu- ¢ previous day. The o .surprise, but it »r Governor Gage, moment preparing a writ, with & the petitioner. hearing of the him by The Call eys in the litiga- i Preston, who were present < yesterday morning | d his opinion. The | edingly brief and | after the decision was | pinion in full is as re me upon a motion t issued upon the m, the 1 made. to entertalning ed, the whoily in the e motion. INTEREST. ov t being QUESTION a representa- e as 1h te of California, bt ch right, neither the California_them- £gives & Prot u the petition k rested_and L i [ { | | B gl e o b e e e e h: 1 right 1 the part of # fal inter- b 1 proceed- a5 e prosecutor any m t t a void pro- 3 OF JURISDICTION. A such ch beneficial~in- the State as rest in these be presented of the law the au- eir interests, to the hey act name of ings. WANT GARRETT'S AT TELEGRAM. decision dismissing ibition was rer urt and nt L. W. Storror and Cable Com- gerved upon Sur of . the F of San Fritz, Judge nd county of urt in the Hall ty, on the 7th o'clock in the | minal action half of n bel and that had ap- at the ity and county of Ban Frar aforesald, this 7th day of August, A 02. A. B. MAHONY, Clerk. By order of the court. By John A. F , Deputy Clerk of Police Court No. 4 A new subp: new assignmer a photographic re- herewith, and this 1 Superintendent Stor- ror to-day — Aid Society’s Rummage Sale. The Catholic Ladies’ Aid Soclety, Branch N will open a rummige sale y, the proceeds of which w bazaar whic Hall from September society wi for donations of or artieles of aid the object. —_——— Killed by Carbolic Acid. am Hutton, a boilermaker’s helper, loyed at the Risdon Iron Works, killed last night by swallowing two ounces of carbolic acid. He was married, was about 40 years of age and lived at §57 Bryant street. He was found dead on & sofa by his wife at 9 o’clock. A bottle 2 arbolic acid he had purchased some fays previously was found by his side. His wife could give no reason for his act. ——————— PORTLAND, Or., Aug. 7—Companies A, B, € and I of the Seventh United States Infantry, sack from Alaska, left this morming for San Yrancisco en route to the Philippines, 1 4 Co Clerie 7 ta3 . City and by Iy L TR P You, are he on behall.of th o 26 24 Py i + STATE OF CALIFORNIA, nty of Sun Franciseo. @ m “of the State of California, :‘.ao_qfi, as 2 witness t}uzj:; og.ainst. M 9;. of San Francisco, as eforesaid. this day OL‘. -d‘-& POLICE COURT —OF THE = . < The,People reby commanded personally to beand appear hefore Tl fudge: of the Police Court of the City and Coungy of San Franc’l%, at the Palice Courtn Hall q.qmyg_g, 1 said City end County, OB the e i oo e )L 9002 AL _ .. X2 Siven undéer my ;&andfat the City and-gzunty y order Trial of Libel Case Stayed on Petition of John R. McMurdo N pursuance of his policy to evade | a hearing of the facts of the al- leged libel published against him by The Call, Governor Gage and his array of counsel secured an- other writ of prohibition yesterday by which the examination of the Boardman charges of libel against John D. Spreckels and W. 8. Leake in Judge Fritz’s court is again indefinitely delayed. Assured on Wednesday evening thatd Judge Cook would dismiss the Rives writ and that the hearing of the libel case would proceed in Judge Fritz's court in the afternoon of the following day, the attorneys for the Governor had a consul- tation, the result being that another pe- tition for a writ of prohibition signed by a taxpayer of this city and county was agreed upon. The services of John R. Mc- Murdo, an oculist, were then secured and although the latter asserts that he flled the petition of his own volition and with- out consulting with anybody in the prem- ises, the fact remains that the petition was filed .n court by Thomas O'Connor, a clerk in the office .of Attorney P. F. Dunne, who was delegated to argue the Rives writ in Judge Cook’s court. When the case of the People against John D. Spreckels and W. S. Leake, charged with libel, was called by Police Judge Fritz yesterday afternoon, O'Con- nor advarced to the court’s desk. “Here is the real restraining order, Judge,” he sald as he presented & bulky document to the court. Judge Fritz examined the document, and recognizing that it was a writ signed by Superior Judge Cook prohibiting him from hearing_the libel matter until further notice, he asked when the writ was re- turnable. On being informed that the time set by Judge Cook was 10 a. m. Saturday, Judge Fritz nodded his com- pliance with the command of the higher tribunal. “I ask your Honor to continue the libel matter until next Monday morning,” said Attorney Campbell. 3 “Very well,” answered Judge Fritz. “I will call my calendar at 11 o'clock Monday moraing.” McMURDO’S PETITION. The petition of McMurdo, is almost iden- tical with that of District Attorney Rives of Los Angeles County, which was denied by Judge Cook on the principal ground that it was not shown that Rives was beneficially interested in the proceedings. McMurdo's prayer is that a writ be granted because the trial of the matter in the courts of San Francisco would financially damage him as a citizen and taxpayer. The salient features of the pe- tition are as follows: In the Superior Court of the city and county ¢ San F of Francisco, State of California. John R. McMurdo, @s @ citizen, resident and taxps of the city and county 'of San Fran- cisco, petitioner, vs. Alfred J. Fritz, as Judge of the Police Court of the city and county of San Francisco, Department No. 8, respondent. To the honorable Superior Court of ‘the city and county of San Franclsco. Affidavit and petition for writ of prohibition. State of California, city and county of San Francisco— Th 5. vit of John R. McMurdo, as a citi- dent and taxpayer of the city and coun- n Francisco, respectfully shows: At all the times and dates herein mentioned petitioner was, ever since has been and now is a citizen, resident and taxpayer of the city and county of San Francisco, State of California, over the age of twenty-one years and is now and for a number of years last past has been and is now duly assessed upon the assessment rolls of the said city and county of San Fran- cisco for real and personal property situated within sald city and county and owned and possessed by petitioner and during all of said times the taxes levied by said city and: county for the payment of the expenses of sald city and county have been and are now a lien upon and a charge against the said real and per- sonal property of petitioner. X For more than twenty years last past con- tinuously Henry T. Gage, hereinafter men- tioned, has been gnd he still is a resident of and residing in the said county of Los Angeles, State of California. On the ldth day of June, 1902, H. C. Downing was, ever since has been and ‘still is Justice of the Peace of Wilmington Township, in said county of Los Angeles, and on said 14th day of June, 1902, he was in the discharge of his duties as such Justice and as such Justice 0 acted; and on. said last men- tioned date said Henry T. Gage appeared and made complaint under oath before said Justice, in and by which said complaint said Henry T. Gage accused and charged one John D. Spreck- els and one W. S. Leake, alias Sam Leake, with the crime of publishing and_circulating in said county of Los Angeles a malicious libel, and distorted picture and defamation of and concerning said Henry T. Gage, which said complaint and information was then and there in writing, signed and subscribed by said Henry T. e, and sworn to by him on said 34th day of June, 1902, before said Justice, in eaid Wilmington Township. The complaint of Governor ing John D. Spreckels and W. S. Leake with criminal libel is given in full, to- ether with the proceedings had before olice Judge Fritz relative to the charge chi B3 SEe=RVED oy Argument to Be Made Before Judge Cook Saturday Morning 5 i + of libel made by him against John D. Spreckels and W. S. Leake. OBJECTS TO EXPENSES. After claiming that the alleged criminal libel should be heard outside San Fran- cisco, the petition continues as follows: Petitioner avers that under the provisions of Section 1330 of the Penal Code of the State of California, said A. J. Fritz as such Judge | as aforesald has indorsed upon the subpens for the attendance of the sald witnesses resid- ing outside of the said city and county of | Ban Francisco an order for the attendance of the sald witnesses, and that as petitioner is informed and believes eald witnesses, in com- | pliance with the sald order and with the pro- visions of the said section, will be oblized to attend and will attend as witnesses, before l\z.:g A. J. Fritz as such Police Judge afore- said. Petitioner further alleges that under and in_eonformity with the provisions of Section 1329 of the Penal Code of the State of Cal- ifornta, the sald Alfred J. Fritz, Judge, will direct the Auditor of the sald city and county of Ban Francisco to draw his warrants upon the Treasurer of said city and county in favur of the sald witnesses for the necessary ex- penses of said witnesses, incurred by them in | coming from the respective counties of thelr residence to the said city and county of Sun Francisco and remaining in said city and | county during the trial of safd action and re- | turning to the respective countles of thefr residence; that said orders will be obeyed and complied with by said Auditor and said war- rants: will be paid and cashed by sald Treas- urer; all to the y great and unwarranted expense of the city and county of San Fran- cisco and the taxpayers thereof, £ Petitioner further alleges that the trial of sald cause, If permitted to be held in said city and county of San Francisco, and before Alfred J. Fritz as such Police Judge, will continue for a great many days and the said time, necessary for the trial of the sald cause, of the sald Alfred J. Fritz and the remaining officers cf his court will be unnecessarily and unlawfully consumed. That the sajd "Alfred J, Fritz and the of- ficers of his sald court are paild for theit official services rendered In and about the per- formance of thelr duties as Judge and officers of rald court, out of the funds of the city and county of San Francisco, and thelr sal- arles for the sald services so rendered are a charge against the said city and county of San Francisco. That your petitioner and the other taxpayers of this city and county have a beneficial interest in preventing the time and services of sald Police Judge and sald officcrs of said city and county from being consumed in the trial of said cause, where jurisdiction has been unlawfully and filegally assumed, Petitioner alleges that the expense of pro- curing, the attendance of the witnesses residing outside of sald county at the trial of sald cause in the said Police Court of this clty and county, if the said trial be permitted to proceed, including the necéssary traveling and living eéxpenses of the sald witnesses, will be about $5000, and will be, if the said trial be permitted to proceed, a charge against the eald city and county of San Francisco. Petitioner avers that the action of the said Alfred J. Fritz as Judge of said Police Court in assuming jurisdiction of the sald cause and in refusing to hear testimony of collusion be- tween the sald Boardman and the sald Spreck. els and Leake is unwarranted in law and will incur an unnecessary and illegal expenditure, chargeable against this petitioner and the other taxpayers of the city and county of San Fran- cisco and their property as herein above stated. That the petitioner is without any adequate remedy at law and that he and the other tax- payers of the city and county of San Fran- clsco are entirely remediless, without the pro- hibitive interposition of the court. The averments in this petition touching the occurrences, proceedings and matters referred to herein excepting those referring to the status of petitioner as a taxpayer of the city and county of San Francisco, are made upon petitioner’s information and bellef. Wherefore. petitioner prays that this court issue’ its writ of prohibition to the said Alfred J. Fritz as Judge aforesald, commanding him to desist and refrain from all further proceed- ings in the matter of said charge of eriminal libel, pending before him as Judge aforesaid, upon the said complaint of said Boardman, un- til the further order of this court. and to show cause before this eourt at a specified time and place why he should not be absolutely restrain- ed from any further proceedings in the matter aforesaid. JOHN R. McMURDO, Petitioner. Subscribed and eworn to before me this 6th day of August, 1902, Seal) ESS, al W. T, HI 3 Notary Public in and for the City and County of San Francisco, State of California, A. A. MOORE. Attorneys for Petitioner. COURT ISSUES WRIT. Qn reading the petition Judge Cook / e e e s S FES AT e aam b s v e Furme o0 00 00 s RaT AT 1o raereree, /LW STOREOR CITY. AND COUNTY_OF SAN FRANCISCO, srArE"oF; CALIFORNIA, DEPARTMENT NO & } - ol - ol = P EAC-SIMILE OF THESCAL SvercENA To B N JUDGE WHO DISMISSED THE RIVES WRIT OF PROHIBITION, LAWYER'S CLERK WHO SERVED ANOTHER WRIT UPON JUDGE FRITZ AND A COPY OF SUBPENA TO BE SERVED UPON SUPERINTENDENT STOR- .7-,{..-‘---”’ e BT /[h/v——».-pfi' ...o’clack in the A. B MAHON EY Deputy Clerk of the Pollce Court 1 GE- COOK. HANDING POWM — he 2 Clerk. = r~—= RS AL HIS DEci1si1orI ROR OF THE POSTAL TELEGRAPH COMPANY TO-DAY. i McMurdo Says He Has No lllI-Feelings, Just Wants to Make Test Is Unwilling as Taxpayer to Bear Burden of Costof Libel Figures Prove His Share Would Be Little More Than I Cent Case-== Suit: OHN R. McMURDO, the ocu- list who filed an application yesterday for a writ of prohi- bitlon restraining Judge Fritz from proceeding with the suit for criminal libel brought by Louis P. Boardman against J. D. Spreckels and W, S, Leake, and who alleged that as a citizen and taxpayer he considered that the time of the court of San Francisco should not be taken up in hearing the case, but that the trial should be conducted in Los Angeles, and further that the expense was unwarrant- ed on the taxpayers of this city and county should the trial be_conducted here, and that the cost of bringing witnesses to the trial would be about $5000, which would have to be pald by the taxpayers, stated in an interview yesterday that he had made up his mind to make this a test case. He said he did not see why the case should be tried in San Francisgo and considered that Los Angeles was the broper place for the trial. “l have no feelings in this matter,” McMurdo said. “I do not know Governor Gage personally, neither do I know Mr. Spreckels, and T say let the best man win. I am making a precedent of this. L O IO R S 8 R R AR Bt R e ] signed the following writ of -prohibition and order to show cause: In the Superior Court of the City and County of San Francisco, State of California: John R, McMurdo, as a citizen, resident and taxpayer of the city and county of San Fran- cisco, petitioner, vs. Alfred J, Fritz, as Judge of the Police Court of the city and county of San Francisco, Department No. 3, respondent. The people ‘of ‘the State of California: To the above mentioned Alfred J. Fritz, as Judge of the Police Court of the city and county of San Francisco, Department No. 3—Greeting: Whereas, It appears to us by the petition of John R. McMurdo herein, that in the matter | of a charge of criminal libel pending before the sald Alfred J. Fritz, as Judge aforesaid, against J, D. Spreckels and W. S. Leake, as defendants, on the complaint of one Boardman the said A, J. Fritz, as Judge aforesaid, is about to proceed and will, unless prohibited by this court, proceed with the examination of sald charge as upon jurfsdiction assumed by It is a hobby of mine.” McMurdo safd he was a taxpayer of this city, but when asked what his ‘assessment roll was, he said he had nothing further to eommuni- cate and that his lawyer attended to those matters. McMURDO’S HOLDINGS. John R. McMurdo owns property ac- cording to the assessment rolls as fol- lows: Lot on south line of Beulah street 81:3 feet west of Shrader street, 25x100 feet. The real estate is assessed at $700 and the improvements at $1750, making a total of $24¢ A mortgage is held by the German Bank for $2000, which leaves $450 on which McMurdo will have to pay taxes. He also owns a lot on the north side of T street 5T% feet west of Forty- fifth avenue, 25x100 feet, which is assessed at $30. His personal property, at his office at 135 Geary street and at his home at 115 Beulah street, is assessed all told at $620, making a total assesment of . McMurdo_ states in his complaint that the cost of the trial if held here would amount to about $5000, and that as a citi- zen and a taxpayer he considered the ex- pense unwarranted, and that the trial of the charges should be held in Los An- geles County. ‘The sum total of his assessment is $1100, and hence it can be readily shown how vastly impoverished McMurdo would be- sald Alfred J, Fritz, as Judge aforesaid, to be in him as such Judge in the premises, in the behalf aforesaid, notwithstanding that pre- viously to any proceedings whatever, in the matter of sald charge of criminal libel, in the city and county of San Franclsco, as being the county of the publication office of the news- paper in which such criminal 1ibel was publish- ed, or otherwise, an information for libel, be- ing the same criminal libel aforesald against the sald defendants, was laid in the county of the residence at the time of the publication thereof, of the party alleged to be libeled, in the shape of a complaint charging such crim- inal libel made by sald party, and jurisdiction was duly moved, taken and exercised on such information; and notwithstanding further that it is sald that the aforesaid complaint of the said Boardman was made collusively and at the instance of and by concert with and for the benefit and purposes of said defendants; and it also appearing that petitioner has no plain, speedy and adequate remedy in the inary IS SECURED BY GAGE’S ATTORNEYS ACCUSATIONS AMAZE PARTISANS OF GAGE Charges Made by The Poiitical Sensation or’s Home City in Call Create Greatest of Years in Govern= Southern California Men M.firvel at the Startling Facts and Ask Immedia te Explanation, but Dumfounded Lieutenants of Executive Maintain Silence AT TORMEY) s, = S ToMMoR WHO SERVED THE Wi T OF PROHIBITION O JUDG TRrIT2 + come were he called upon to pay his pro rata of a trial in the city, costing, as he suggests, $5000. FIGURES ARE POTENT. The following figures are potent: Total assessment on property of the city and county of San Francisco.$419,500,000 Total assessment on property owned by J. R. McMurdo ............ 1,100 Rate of taxation of city and county Of San FTanciSco ...e....ccecuess 1 22.62-100 Cost of libel sult, estimated by John R. MCMUrdS.......c.cunsen 5,000 Calculation, based on these figures, shows that McMurdo will be out a cent and a fraction in event the trial is held in this city—a heavy burden. On account of the sum of one cent and a fraction, McMurdo goes to the expense and trouble of filing a complaint and em- ploying a lawyer. He desires the trial to take place in Los Angeles County, because it would be an unwarranted expense on the taxpayers of the city of Say Fran- cisco, of which he is one, if the thl were held here. To do away with the difficulty which op- presses Mr. McMurdo at the present time in regard to his expense as a taxpayer should the trial be held here, The Call is prepared to deposit 2 cents, a bank, suf- ficient to more than cover/McMurdo's pro rata of the cost of the libel suit. course of law in the premises; Now, therefore, we command you, the said Alfred J. Fritz. as Judge aforesald, to desist and refrain from any further proceedipgs in the matters of sald charge of criminal lbel pending before you as hereinabove mentioned, until the further order of this court, and to show cause before this court on Saturday, 9th day of August, 1902, at 10 a. m. of sal Department 12 of this ecourt, why you should not be absolutely restrained from any 7th day of August. 1 . B. MAHONY, Spectal Dispatch to The Call. 0S ANGELES, Aug. T. you seen The Call?” Among Business men, professional men, and particularly those who take an interest in politics, this question was put and answered hundreds of times today. Those who answered it In the negative, whatever their politi- cal preferences, were told to see The Call or were shown a copy. In the hotels, in public offices, In the res- taurants end in places generally where people congregate to discuss the news of the day, scores of men could be seen poring over The Call, drinking in the in- formation -it contained and exchanging opinions as to the expose of the rotten- ness of the present administration at San Quentin prison. The disclosures had a particular inter- est to Los Angeles people, for here at the home of both Gage and Aguirre there are thousands of people who, having known both for years, were anxious to learn upon what The Call based its cnnfes. Since the first publication o the charges against Gage and Aguirre, those who have known them long, and espe- cially those who have sought or obtained favor at Gage's hands, have been making light of the whole matter. Taking their cue from members of the Gage “‘push”™ they have endeavored to ridicule the charges and have asserted that they were born of persenal and goutlcnl spite and that in the end the charges would fall flat. ““Have SILENCE IS ENJOINED. In short, it has been openly declared by the Gage crowd that the promised revela- tlons were only a part of a bluff game intended for political effect and the peo- ple were asked to wait until Gage got his traducers in court and then see what he would do with them. The first chapter of the evidence on which the charges are based caused con- sternation in the Gage camp. Karly in the day the ediet went forth to say nothing. - The source of this edict is un- known, but those in charge of the Gage headquarters obeyed it, as did those known to be close to the executive and assisting him in his fight, Instead of shouting bluff the Gage crowd remained silent. / They would not discuss the matter at all, hen asked as to this or that matter the only re- sponse vouchsafed was that the Gover- nor in his own way, and presumably through his own journals, would answer the charges at the time which to him secms proper. The edict of silence ap- pHed with equal’force to the two after- nocn papers, both of which have been beosting Gage stock at every oppartunity. Not a line did they print about the charge, although The Call was in the hands of every politiclan and was dis- cussed by everybody. One incident, which happened about poon at the Gage headquarters, will show what effect The Call bombshell had. An old man, who refused to give his name, entered the Gage headquarters with a copy of The Call in his hand, He said he wanted to see the Governor, but the Governor had not yet arrived. He de- clared that he must see him, but was told that the Governor might not arrive for several hours, Asked what he wanted, h;idspmd out a copy of The and sald: TOO LATE TO EXPLAIN. “T have been a friend of Henry Gage for ears and I want to know from his own ps what he has to say about what this newspaper contains. I want him to tell me what he intends to do about it and I want him to explain to me what those shipments from San Quentin to his home were and why they were made, I want to know what he is going to do about it, if anything. If this is true, I want to know it. A newspaper dare not print such things without there is some truth in it.” The Inquirer was told that it was all “a pack of lies” and that the Governor would answer it all in due time. “Due time? exclaimed the ex- clted man. “Now is the time. No, the time was before these things were done.” As it was useless for the old man to wait and he refused to take the word of any of the headquarers men he left in a rage. Later it was denied that this in- cident had occurred, but it was related by two men who had witnessed it while there on other business. In the Flint camp the receipt of the overwhelming evidence in The Call's case had the opposite effect. Coples of The Call were manifestly the best cam; document in years, and the Flint forces saw to it that copies of the pa&e ‘were placed where they would do & most good. How many papers were of could not be learned, but they have been sent to the few Gage stroi lds throughout Southern California, and stmi- lar disposition will be made of the suc- ceeding chapters in the story of offieial corruption. @ it @ SPLENDID BEDSTEAD. Continued From Page Three. ' and have them explain why the beok had been altered since the previous day. b At the very time that a Call repre- sentative called the attention of act- ing Warden J. A. Aguirre to the recent falsification of the records the pencil segregation sheets, bearing the true | amounts and figures, were not two feet away from him. ” The Call publishes herewith a table of figures showing how the books and records of San Quentin prison have been falsified in the matter of the amounts of supplies drawn by Warden Aguirre and what was charged to his account. WHAT AGUIRRE DREW. ‘What Aguirre actually drew from the commissary department for his home and what he was charged with in his repdért to the Prison Directors is as fol- lows: Agulrre’s Biredlors. “s101 7 98 39 Months— 99 88 100 30 <98 2 $100 95 100 96 it In the face of these facts and figures that Governor Gage had at his dis- A By FRANK FRENCH, Deputy Clore: —_———— The production of aluminum in the United States during 1901 130,000 pounds amounted to posal when he made his recent inves- tigation, he declared to the people of California that not one cent of public money had been misdpplied at San Quentin prison during the Aguirre reg- i~ B4 s