The San Francisco Call. Newspaper, August 14, 1902, Page 7

THE SAN FRANCISCO CALL, THURSDAY, AUGUST 14, 1902. GAGE’S ATTEMPTS TO BLOCK COURSE OF LAW ARE THROWN OUT OF COURT BY JUDGES Hearing of £ uit to Proceel Before Judge Fritz- -New Warrants Served on Messrs. Spreckels and LLeake and Governor Is Arrested. 328 Lie et LR - 5 ndered decisions yest:rday rom proceeding with the preliminary examination under st Messr: porary writ of prohibition dismissed. ing and placed on the calendar for an early hearing. | Angeles County, on complaints filed by Henry T. Gage. Both bonds. sco on the warrant issued in tioned for a writ of habeas corpus. , wher: the case will be continuec to such time as arguments from coming to a heariag in the courts. Two Superior Judges, agreeing that the petition filed at the instigation of the Gage was placed under arrest at Los Angeles by Detective Thomas Gibson of San Francisco upon the complaint sworn to by John D. Spreckels charging him with criminal libel. He at once went before Judge Shaw and peti- He was ordered released on bail, to appear in court to- = £y Cook and Seawell, S GAIN has Governor Gaze failed in his efforts to keep the case he himself instituted the libel charges preferred Spreckels and Leake by Louis P. Boardman should be denied and the tem- The case will be called in Judge Fritz’ court this morn- John D. Spreckels and W. S. Leake, proprietor and manager respectively of The Call, were arrested yesterday under the new warrants issued from Wilmington Township, Los were released at once under San can be heard on both sides: oceedings in the matter of criminal libel pending be- ed of the J Governor vent the hearing of the ase against John D. Spreck- Leake before Judge Fritz. the writ of prohibition ap- McMurdo, a taxpayer unty, should be dis- clusion was reached nes of reasoning and the abort Gage to pr , among_ others, is not a party beneficially interested ceeding sought to be prohibited. The s as a taxpayer, and the only which he claims to be beneficially such proceeding is that in the ex- kels and Leake upon such s will be incurred for the fees separate decisions, dis- witnesses, for the 'lrjldr i ‘:P‘l\" e will be pondent will direct z's court this morning £ this and county to draw g F - upon the Treasurer. Following tioner has no beneficlal In- estion of the gulit or inno- persons accused or in the result The only interest which in the maiter is a pecun- upon payment of the ex- nation out of the munic- petitioner does not, how- ceedinng, seek to restrain the n making, any order for the expenses of the proceedings to restrain him from ceedings in the matter of said of a taxpayer to maintain an strain the local authorities from which will be a charg r municipality has beer v In all the ve been brought to my atten- e question of the right of a fon has been a d ght to be enjoined or prohibited ing to verform an act which in 1 an obligation on the part of the municipality or imposed a charge vers would be required to pa: hat in Crowley vs. Freud, 1 nction restraining the Clvil oners from holding _certain was Issued at the suit of a tax- question of his right to main- considered in_the o stated that ** s as to the v visions of the charter prescribing ns of county officers. m it necessary to consider any questions discussed at the hear- infon the petitioner is mot benefi- ted in the proceeding sought to and the petition should be dis- J. M. SEAWELL, Judge. NEW WARRANTS SERVED. Messrs. Spreckels and Leake Ar- rested on Separate Charges of Libel. Deputy Sheriff Murletta of Los Angeles County called at police headquarters yes- terday morning with the three new war- rants eworn out by Governor Gage before Justice Downing of Wilmington township for the arrest of John D. Soreckels and W. S. Leake for libel, and Detective Ha mill took the warrants to Judge Cabz who countersigned them. At 2 o'clock, as arranged with the Deputy Sheriff, Mr. Spreckels and Mr. Leake called at police headquarters with their bondsmen and surrendered themselves. They went im: mediately before Judge Cabaniss, who ac- { a taxpayer can be to prevent t funds, a a judi- or ‘ulti- possibly to prohibit the he vayment of rent question would be pre- ugh for a taxpayer to attempted; but to n- | in which he cepted bonds in $5%0 each on each charge and issved the orders for their discharge, which were handed to the deputy sheriff. The sureties are H. Plagemann, cigar mer- cha yers, merely to , is a right yet e Supreme ( 709 Market street, and A. L. Pe; 1455 Page street. matter of the libel suit instituted Mr. Spreckels agaiust Governor Gage mentioned, and it was agreed be- tween Attorney Campbell for the com- | plainant and by Mr. Nougues for the Governor that after the war- rant had been returned from Los An- | geles after service by Detective Gibson | the case would be placed on the court he motion to dls- be granted, and | from next Tuesday, neither side walving | any right by the delay. As the Governor | obtained a writ of habeas corpus in Los | Angeles vesterday Attorney Campbell will | leave this evening for that city to argue the matter before the Superior Court on . State of Caii- | behalf of Mr. Spreckels. | . Judge Fritz informally held court for a few minutes vesterday, but as the deci- | sion of Judges Cook and Seawell had not tion for & writ of Nn_“ at that time been rendered he continued the respondent, as Judge | the Boardman case till this morning, e Court of this city and county, | when a date will be set for the hearing. . COOK, Judge. II's decision is as follows: ort in and for the City ancis Alfrea J of the City 'S HEIRS TRAILS TO KERN FILE HIS WILL RIVER DISTRICT Widow and Son Share the Bonanza King's Line Likely to Be Estate. Extended. i VIRGINIA, Nev., Aug. 18—Mrs. John| BAKERSFIELD, Aug. 13—The new W. Mackay and Clarence Hungerford | railroad which, it is practically certain, Mackay, by their attorneys, Deal and | will be built from the Sunset district to Tauszky, to-day filed for probate the last | the coast, at a point on San Luls Bay, will of John W. Mackay in the District | now promises to be continued through into the Kern River dis- rs. Mackay and Clarence H. | trict. The promoters have made a prop- Y be appointed executors. The will | osition to the Board of Trade and to the ws: producers of the Kern River ofl fleld. In the mame of God, emen. The terms are identical with those pro- Court of Storey County, with a petition | this city and that M I, John W. Mackay, & resident of the city of Virginia, In | poceq o the Sunset people I ; | pose people. e railroad HORSY oF Seseey el g Tl b 'S to extend the road if rights of grensat in the wind, and | WAy are given and depot sites provided not under Testraint, wndue influence or fraud. | and a daily shipment of 5000 barrels of ulent misrepresentation, do make, publish and | 0il be guaranteed for a period of = ten declare this my last will; that is to say: | ¥ears, at the rate of 15 cents a barrel. First—]I deciare that all the estate whereof I may die possessed is the community property of my wife and myself. Becond—1 give, devise and bequeath all and every interest in or portion of my said estate, which is or may be subject to my testamentary » at the tim death, to my e Hung The railroad agrees to construct the road from Sunset to the Kern River flelds | within nine months after the road is com- pleted to Sunset. The proposal is regarded as reasonable and the opinion is expressed by producers e generally that no dlfl?rully will be met in d et eSS Sl Avpolat ‘{::’ri‘cjzjrl:gg the concessions and contracts Marie Louise Macka sén, Clar- 4 rford Mackay, of ity of Vi B e the county of Storey and State of | b o executors of this, my last will. and I| Fifth—I hereby revoke all former wills and expressly provide that no bonds shall | codicils by me made s executors | _In witness whereof I have signed and sealed executors are given and shall | with my seal this my last will at the eity, er and authority to grant, bar- | county and State of New York on this four. gain, sell , assign and deliver at such | teenth day of July, in the year une thousand times and upon such terms and conditions as | eight hundred and hinety-eight (1898). to them may seem advisable all and every JOHN W. MACKAY. pavtion oL Wy esinte, both Teal Wnd peeovml. | v, i was ‘witneastd ity Miberiin! vithout v pow e thorit from N P dicial tribunar’ what. | Chandler, residing at 389 Clinton avenue, soever; and in the same way to invest, re. | Brooklyn; E. C. Bradley, residing at 21§ invest, use and employ said estate, the moneys thereof and the proceeds derived from any and all sales of the same. Prospect street, East Orange; N. J.; Wil- liam H. Baker, residing at 1064 Park Place, Brooklyn, N. Y resy application | that the pe- | the officer | calendar and continued till two weeks | 3 ‘WMWW%W ~ - OS ANGELES, Aug. 13.—The war- rant issued against Henry T. | Gage on complaint of John D. Bpreckels for alleged criminal li- bel was served upon the Governor | this morning in his office by Detective Tom Gibson. The officer first telephoned to ascertain when it would suit the con- venience of the Governor to have service made upon him, and was informed that it might be done at any time. read the warrant, that formality being dispensed with. Accompanied by his attorneys and Gib- son, the Governor repaired to the cham- bers of Superior Judge Shaw and filed an application for a writ of habeas corpus. The Governor was represented by Attor: ney H. H. Appel and part of the time he acted as his own attorney. His secretary, 1. H. Foley, from time to time chipped in with suggestions as to the points which the cthers were trying to make. There were no spectators. The only question considered by the court was, “Can such a process be issued against the Governor?’ Gage and his attorney cited many au- horities to show that neither the Presi- dent of the United States nor the Gov- ernor of a State can be legally arrested | for any overt act performed in the course | of and as a part of their official duties. In his application for a writ of habeas corpus Gage says: Such publication was not for the purpose of injuring John D. Spreckels, but to inform the people of the State of California of the false and unfounded character of the charges mads by Spreckels. to vindicate the officers having | control of the State prison at San Quentin and to vindicate the Governor of the State of Cali= fornia. Your petitioner alleges that the sald John . Spreckels, for the purpose of compelling the disclosure in' a court of his own selection of the evidence which your petitioner has in his control and Intends to produce in the criminal proceedings instituted against Spreckels and Leake, for the purpose of harassing and im- peding your petitioner in the discharge of his duties as Governor of California, and for the further fraudulent purpose of causing to be filed the said criminal complaint charged your petitioner with said criminal libel and did pro- cure a warrant for the arrest of your peti- tioner. RELEASED ON BAIL. It is alleged further that the courts, the Police Courts of San Francisco, have no jurisdiction in the matter. After hearing all the arguments which Gage desired to present, the court entered the following order: It is ordered that the defendant be allowed to go on ball in the sum of $50, to appear be- fore me August 14, In the forenoon, and sald bail having been given to my satisfaction the defendant is released from custody until said time. As a matter of fact, | quired. Judge Shaw declined to hear ar- | guments to whether it was the pur- pose of the plaintiff in demanding a war- | rant to interfere with the Governor's le- | 8al official duties. He said that matter | could be taken up later if necessary, but | for the present the hearing would be con- fined to the one question of whether such a process could be issued against the Go_\iernor, In this connection Judge Shaw said: no bail was re- |, This court cannot anticipate any evidence ag | to whether or not these acts on the Governor's part were privileged, nor can this court inquire into the truth or falsity ofsthe charges. I can ) only inquire as to whether the process as 1ssued | in the case n be allowed by law. This will be | the question argued to-morrow. WILL HEAR ARGUMENTS. Later it was unofficially announced that when the case is called to-morrow it wil: be again continued to some date to be agreed upon. The court intimated that the question IS one of such great fm. portance that it was his desire to exam. ine into it thoroughly, and to that end he desired to hear arguments on both Sides Gage's attorneys made ne secret of (h. fact that through these proceedings they hepe to secure a hearing before the Los Angeles of all the matters con- nected he several libel cases. They do not say how they will bring this abons but among other things which they ac- sert will happen is the bringing to tais city, either as witnesses or otherwise. ot the plaintiff and other persons who woaid be witnesses in the libel cas 3 T wiisu cases filed by the it felofefofod- @ JEEP OF FIRE IN MARYSUILLE Yuba County’s Metrop- “ olis Suffers Heavy Loss. Special Dispatch to The Call, MARYSVILLE, Aug. 13.—Marysville was swept by fire at an early hour this morning and the loss is placed at $125,000, The fire originated in the Central sta. ble, owned by Mrs. Ollie McCrate. The structure, a wooden one, was soon a roar. ing mass of flames. The Central stable was almost in the ‘center of the block bounded by E and High streets and Third street on the north, the stable extending entirely across the block. The half block of brick warehouses of the J. R, Garrett Company, fronting on Third street and filled with groceries and provisions, was destroyed, and as a heavy south wind was blowing the Masonic Temple - and storerooms of the Hampton Hardware Company were saved only by the splen- did work of the fire department, From the warerpoms the flames spread to the three-story brick store building of the Garrett Company, burning off the top story. Water from the hose com. pletely flooded the extdblishment. Many offices and, living rooms, the Jeffersonian lodge roof and a library were located in this building and were deluged with water. The law office of Forbes & Dins- more, the Mint saloon, the Grotto saloon and the tenement houses on High street w;re flm’dflfdefnd scgrched. s ames Butts, a fireman, the roof of a building tgnlhee!lilnos'hrbz‘lln"‘; and was seriously injured. Louis Padilla was badly hurt by falling from a ladder, The J. R. Garrett Company, dealers in Gibson at | once went to Gage's office, but did not | ADVERTISEMENTS. $142500.00 wiLee GIVEN AWAY 503 TO SMOKERS OF THE opEST SELLING B ST anp I.ARflflg THE WORLp, will the United States 'collect Taxes on HOW MANY CIGARS Giring the montn of decemier, 1ozt (Cigars bearing $3.00 per thousand tax.) s will be given in January, 1903, to the persons whose estimates $l42’500'00 are nearest to the number of cigars on which $3.00 tax per thousand is paid during the meonth of December, 1902, as shown by the total sales of stamps made by the United States Internal Revenue Department during December, 1902. Distribution will be made as follows: 8 5.000.00 in cash 5 8 .(1) person estimating the closest ...-.. .2 persons whose estimates are next closest. .5 persons whose estimates are next closest 10 persons whose estimates are next closest.. 20 persons whose esitmates are next closest. ..25 persons whose estimates are next closest... . 50 persons whose estimates are next closest. 100 persons whose estimates are next closesi. To the..2,000 persons whose estimates are next closest. 15'000.00 To the .8,000 persony whose esti]m:as are nex: c}(o,::‘. e ¥ the 3 W estimates are next cl we i) personuw 2::; one box of 50 *‘Cremo” Cigars (value $2.50 per box)... 75,000.00 R SRR e SR S RSN | T T T 20.00 85,218 85,213 persons.. = Every 100 bands from above named cigars will entitle you to four estimates. ** Florod: "* band counti: l bands from the 5 cent cigars mentioned; and no less (0o oo o ian 300 bands will b6 Teceived ot any o teae for cnimeers Information which mag be of value in making estimates:—the number of Cigars now bearing $3.00 Tax per thousand, for which Stampe™~ ‘were purchased, appears below : In December, 1900, ** December, 1901, ¢ January, 1902, 496,983,717 “ February, 1902, 445495483 In case timates, the amount offered will be divided equally among those entitled to it. Distribution of the-awards will be made :: soon 2:':‘_2}&::3;; 11':1:, 1903 a8 the figures are obtainable from :llw Internal Revenue Department of the United States for December. ‘Write your full name and Post Officc Address plainly on packages containing bands. The Postage, or Express charges on your package must be fully prepaid. in order for your cstimate to participate. All estimates under this offer must be forwarded beforc December 1st, 1902, to fhe . . FLORODORA TAG COMPANY, Jersey City, N. J. You do not lose the value of your bands. Receipts will be sent you for your bands, and these receipts will be just as good as the bands themselves in securing Presents. One band from ¢ Florodora,” or two bands 'f'?lll any of the other mentioned above, will count in securing Presents the same as one tag from ¢ Star,”” * Horse Sh:n Navy,” « Old Peach and Honey,” **J. T.” ¢ Master Workman,” Piper Heidsieck,” « Jolly Tar,” « **Razor,” or « Planet”’ Tobacco; or one * Sweet Caporal’ Cigarette Box Front. 3 Send each estimate on a separate piece of paper, with your name and address plainly written on each. Blank forms for ostimates will be mailed upen application. Illustrated Catalogue of Presents for 1903 and 1904 will be ready for distribution about October 1st, 1802, and will be mailed on receipt of ten cents, or ten tobacco tags, or twenty cigar bands. In March, 1903, * April, 1902, * May, 1002, 518,599,027 Cigars) 516,835,163 ¢ 528,035,907 467,092,208 Cigars. 479,312,170 ** A A = ing. David Jacks, the Monterey land owner, soon had 100 men fighting the fire. They were powerless, as the flames spread in every direction. Fences alonz the county road between this place and Monterey for more than two miles were destroyed, and with a strong breeze blow- ing the fire soon reached the long wooden troughs used for sheep dips. Next the landing sheds, 100 cords of cut wood, the shearing shed and the herders’ huts were burned. Two dwellings on the Toro ranch were on fire several times, but were saveq after hard work. This evening Jacks' sons reported thas wholesale groceries, is the heaviest loser 4500 acres of pasture by the fire. Its loss amounts to $95,000. burned over. The fire may not be extin- | slipped. In endeavorin, guished for several days. Jacks computes | YOUng Edwards gras; his loss at more than $10,600. He fears it may double that amount before the con- flagration is extinguished. ¥ire fighters have been sent from here | and will work to gain control of the flames during the night. Numerous ranch houses are in danger. v SALINAS HILLS ABLAZE teen feet, Flames Denude Thousands of Acres of Pasture Land. SALINAS, Aug. 13.—As the result of scme one'’s carelessness fire is sweeping the Tularcitos and Toro ranches, just across the Salinas River, six miles from this city. By 11 o'clock this forenoon the flames had destroyed pasturage on more than 2000 acres of land and were spread- five minutes. O A0 Sl e SANTA ROS. Fall i‘ollows Electric Shock. GRASS VALLEY, Aug. B.—Willlam Edwards met death at the Empire mine this morning. He was painting a mill Sbarboro, P. C. Rossi, E. C. Humbert and W, E. tora. an a eer: | an e ladder on which he was sta land had b I d the ladde hich he !ml!d‘n& to save himsel an electric wire carrying 3000 volts. His hold broke and he fell to the floor, a distance of four- receiving a gash in the head that would have caused death even the electric shock had not. Ha lived about it . Aug. 13.—Articles of incof- poration of the Cloverdale Light and Power Company were filed to-day. The capital stock is $100,000, of which $56,000 is paid up. A Alfrea E. Sbarboro, Brush are the direc-