The San Francisco Call. Newspaper, March 11, 1903, Page 4

SENATE PASSES THE FAMOUS INJUNCTION BILL THE FIERCEST OF LEGISLATURE BATTLES AFTER Filibuster Tactics| Meet With a Reverse. S——— | Stormy Wrath and] Profitless In- trigue. h to The Call. S, SACRA- As- tsson’s VOTE ON THE BILL. f the H BELL. EXPLANATION OF HUB Mayor operates, to remove any | Francisco, 1 feel it my duty to reply to. Now charges must be flied. They [ it would seem from the character of this de- m and they must be proved | bite that this amendment to the laws of the when that is dome he can | State of Callfornia was an amendment in- e effect of this law Is | tended for the city and county of San Fran- o much inj on in ! cisco, and that the politics and the dirty linen it £ays to court. | of the politicians is to be washed out here on law of the land | the floor of Senate and that Senators re- or Constahle, m office—*"You mote from the metropolis are to be prominent | at_the washtub. s thrown upon | Now, Mr. Chairman, the Senator has said to inqufre Into hie | he did not intend to mix in this debate but i ty or not | he was asked to introduce this amendment attempted to en- | Thereby he into the forefront of this es of an executive of | debate In amendments are both as a | entirely un I say that FAE o R matter of policy and as a matter of law, and BT WG SRA) e '!".‘ | T have too much respect for the honesty of pur- ched in matters of this | o™t from the Sout 1 rrupted Leavitt. st_imagination conceive Juickly ‘replied Em- be a party to a proposition to at this bill aims at. To | amend this bill in some way o as to delay its © | passage. 1 believe the Senator Is acting in rts from enjoining 2 MAan | go0q faith, but he is working along mistaken a duty t duty. If you will ction of the bill, sec- shall not be used n the Ge Ing ines. of that tify his of ‘some he Mayo: wer to g e the interest o and t_metrop t | own desire or to prom: edy proposed for that? It was to be the adop- new charter containing a eivil service But what was the main proposi- » place in the hands of the chief utive of the city and county of San Fran- | cisco power to re when g a ts dutie ARGUMENT OF WOLFE. we will fi an Injun Legislature from the ex- | 2 . . nove derelict officlals when Senator. Wolfe followed and delivered a | atter ‘a hearing before him he ascertained ng a ment in behalf f the bill | that they been derelfct. part he said: | PRAISE OF THE MAYOR. I find myself somewhat in the position of the | You do not know the Mayor of San Francisco, San Bernardino, in this, that T | or if you did you would not, even by indirac: on at the outset to partitipate | tion, impute to him the motives that your end on this bill, but the Benator has injected matters in to this as the senlor Senator from San | might have suggested know him. Now representative 1 say that you do not it 1s not a pleasant thing for from San Francisco to get Br. BULL'S G COUCH SYRUP, . BULL'S COU ADVERTISEMENTS. GH SYRUP The Old Reliable. DOCTORS PRESCRIBE IT.| CROUP CURED. Whenever there is a case of cough, Croup attacks a child without warning oold, bronchitis, croup, asthma, whooping | and needs very prompt atteation or it may cough, measles, hoarseness, or sors lungs prove serious, even fatal. If you notice in the family, and the doctor wishes to | any symptoms of croup, give baby a smail give the patient speedy relief and a posi- | doss of Dr. Bull's Cough Byrup. It will tive cure, he prescribes the medicine that | relisve it instantly aud cure it in a night. always cures—Dr. Bull's Cough Syrup. No danger from choking after you have CURES GOUGHS Iii A NIGHT 1t has been & household remedy for the given beby one or two doses. Every past fifty years, and there is scarcely a | mother should keep & bottle of Dr. Bull's home or cabin in the United States that | Cough Syrup in the house to be prepared has not a bottle of this wonderful cure in | forsudden attacksof croup. Thousandsof the medicine closet. It conmtains no in- | lettersare received from grateful mothers, jurious drugs. It heals the throat and | who say their babies’ lives have been saved lungs and renders them perfectly bealthy. | by Dr. Bull's Cough Syrup. s D Bets i By | - Ome Bostie Cured Her Boy. doctors prescribe Dr. Bull's Cough Syrup. Coughed Until His Nose Bled. | pmXary Qeeon ot 50 Clinton trect, 14 cauent the Sroup and 1 th ears old, caught Wi E Broader, of Chrystie Btreet, | concluded to try Dr. Bull's Cough Syrup, New York City, writes: I have had a | as I bave more faith in it than in doctors. He was soon relieved after a few doses — st Shvawas only, and entirely cured of the croup and bad that blood would spurt from ney nose, | proncirial trouble after baving one which would leave me weak, 5o that Iwas | bottle of Dr. Bull's hflm% often to leave my wark. I | I have this old reliabl nmulylnth. house I feel and sinee it cured him I started to take Dr. Bull’'s Cough Syrup, always keep in the house, My and before the third bottle was finished | Lugband was also cured of & bad cold by my cough was entirely gone.” DR, BULL'S COUGH SYRUP.” Avoid Substitutes! A dealer who tries to sell you a cheap substitute for DR. BULL'S COUGH SYRUP does so to increase his own profit at the risk of your heaith. If he will sell you cheap imitations and bogus goods, he will not hesitate to sell you impure drugs. He knows himself that there is u-—qhmm”mummwm & C. PEYER & CO.. SOLE MANUFACTURERS, BALTIMORE, MD, the exercise of a public or pri-| yolitical clique, let us see wherein this bill And why not? Why should do that. There is mot a Senator on this be used in that case? | floor who is not familiar with the antdlral‘ crmitted to interfere | history of San Franc prior to the adop- permitted to_ interfere tion of the charter. W pw how In the old - that a man Is sWOrn | gayvg the ses would control it and that . where will it end? How 1ong | it was a boss-ridden city. What was the rem- ACTIVE PART IN THE EXCIT- ING DEBATES Y TERDAY. 1 | a7 mixed up in what appears to be a fight be- tween two factions of the labor party of San Francisco. God knows I have not sought this. I do not care to get between the upper and nether millstones and be crushed by these fac- tions, but I do_ say this, that the Mayor of San Francisco, Eugene E. Schmitz, the chosen representative of the laboring classes of San Franclseo, is an homorable gentleman, a faithful official and a man_that represents the whole people of San Francisco. 1 do not believe there s any man, be he politician or be he layman, and mark the distinction, that can control the action of that gentleman ' in any me: affecting the public weal or the pubiic wo Now, what are these rumors that the Sena- tor from the southland alludes to, that have been circulating in San Francisco and arou the lobbies? Who has said this would make a millionaire of any man? What arrant non- sense. It has been said that this measure will give the Mayor power to remove Mr. Casey of the Board of Public Works and Mr. Hutton, a member of the Board of Pollce Commissioners. 1 know both of these gent! n. 1 know both to be honest, painstaking, ent public of- ficials. The purpose of the gentleman who amended this bill is to tie it up in the other House. Let us fight it along the maln lines; upon the issue whether or not it is ood policy to deprive courts of injunctions of this kind. Senator Curtin, one of the ablest law- vers in the Senate, and who is able to | re fl quote constitutional law in debate and | give authorities for his arguments, was the next member recognized. He also favored the passage of the bill and argu- ed at length for it. He said he did not expect to take part in the debate, but as the question before the BSenate comes down to a question of constitutionsl | law, he had to enlighten his colleagues. He sald he was going to support the bill because in his opinion the power to re- move rests with the appointing power. He then read the following excerpt of a de- | cigion in the 136 California Reports, which he had sent for Under our theory of government there is no proprietary right in an otfice; offices are created to subserve the ests and not for the bene- fit of the occupant thereof, and where the term is not fixed by law there is no reason why the wer to appoint should not also possess the pcwer to remove at - pleasure, and such, as shown, has been the case. SHORTRIDGE OPPOSED. Senator Shortridge was against the bill and argued very ably against it. He ob- jected to the passage of the bill becaus: it took too much power away from the courts and gave an executive the power of a Czar. In part he sald: I admire the e: y and airy manner in which our distingul friend, the constitutional lawyer, Las settled this question, but still like Banguo's ghost it will not down. I have two points to present in this matter. The first point is taken from the constitution, that our triend Curtin so loves to quote. The constitu- tion says In plain terms that the judiclal power B of the Btate shall be vested in the te, sitting as a court of fmpeachment, any Su- preme Court, Superior Courts, Justices of the Peace, and such inferfor courts as the Legis- lature may establish in any incorporated city or town, or city and county. They are co- ordinate branches of the government. 1 lay down as a fundamental branch of this argu- ment that this bill is depriving the Superfor Courts of this State—a constitutional body—of a part of their power, their inherent power; thelr necessary power.” No court can exist if shorn wholly of the power of Injunction, be- cause it would no longer have that necessary element, that peculiar element of the spirit of the law. I am pained beyond expression that my good friend, the brilliant Senator from San Fran- cisco, 1s In favor of this bill. I regret that he could not have sald in this Senate that way down in the deep recesses of his heart, and in his best judgment, he could not pronounce in favor of ‘this bill. In all falrness to him, I will say he has iargely evaded the question. He did not state on this floor that he did not believe the right of Injunction should be taken from any court, If it has come to this that the people of the United States propose to strike down the power of injunction wholly, then, I say, the temple of justice has been In’ vaded by the demagogue and the wild Co- manche must take charge of this government for all time. You have got to be governed by law, not by cheap politiclans. That's what's the ‘matter. You know -you cannot trust one man; you must trust justice. You must. trust the principles that have come down to us from the ages. You have sworn to support the con- stitution. T ask you to vote for this amend- nt. 1 say it will be a_disgrace to California when you permit this Eugene E. Schmitz to cut the heads off of those who offend him and not permit those who have been wronged to appeal to justice. OBJECTION OF LUKENS. Senator Lukens argued in favor of the amendment and against the bill. He stated that thgse who favored the bill admitted that it only affected a small cir- cumscribed political quarrel in one small political section of the State. ‘““Gentlemen,” he sald, ‘“‘get out of here and settle your trouble among yourselves. You have claimed supreme power in your- selves. This is a muncipal affair. You have had the constitution amended to make you supreme in such affairs. Set- tle it among yourselves, that should be the reply of the chief executive of this State If this Legislature should present it to him for signature.” 4 Senator Lukens quoted from Judge Sloss’ decision in the case of Willlamson v8. Schmitz. Senator Oneal of San Jose said he was opposed to the bill because he belleved that the general provisions are viclous and no possible good could come of it if it should become a law. He said this Legislature has been called to enact wise laws and he did not think Assembly bill No. 517 was such. He stated that much pressure had been brought to bear to pass the bill so that Mayor Schmitz may be able to remove some police commissioner. He thought the time had come when the Legislature ought to send word to Mayor Schmitz that it was at his service, Bauer, the boy orator, harangued against the measure. He imagined he was dellvering a declamation at a high school. He gzrew very dramatic and Irrigation Bill Stirs Debate and Ire. —_—— Curtin’'s Measure| Now Goes to Governor. Special Dispatch to The Call. 1 ALL HEADQUARTERS, SACRA- | RAMENTO, March 10.—The sub- | stitute for fhe Curtin frrigation bill (Senate bill No. 199) has been finally disposed of by the Assem- bly and that body having to-day r to reconstder the vote by which the meas- ure was passed, it now goes to the Gov- ernor for his consideration. The rumors of “sack,” which have bee: generally circulated In' connection wit this measure since the surprising chang> of votes by nearly a score of members on Seturday, have subsided. “Colonel Ma- zuma,” if that figurative individu had a hand in the proceedings erence to the measure, has not appeared in evidence and if his Influence was at- tempted to be exerted it fafled of its ob- ject. The proceedings to-day were enliv- ened by two lively tilts, In both of which Walsh of Oakiand was the object of at tack by two other members. The bill had been made a sp of business for this morning in after the reading of the journal then a batch of bills came ove: ctal order liately but just from the Senatc and as most of them were Senate amendments to Assembly bills, the- As- sembly proceeded to concur in those amendments until Walsh thought the time was growing so ort that it would endanger the consideration of the motion to reconsider the Curtin bill. He there- fore tried to have it taken up at once, b the Assembly would not agree to it, John- son making the strongest objection. This angered Walsh and he declared that ever | ¢ince the bill was introduced there had | ween a deliberate effort to smother it and | to prevent its passage through the House. | Johnson sprang to his feet and started | to call Walsh to order, ing so sald that he would answer t gentleman in a moment. Thereupon | Walsh repeated the statement that there was an effort to smother the bill, adding to it that it was in keeping with that at- tempt that objection was/nade to its con- sideration at that time. Johnson was waiting for an opportunity to reply and when Walsh took his seat he claimed the flcor and sald: As to the remarks which the member from Oakland has made about a studied effort to smother this bill, they are unworthy of any member of this Assembly and are unworthy to | be made on this floor, coneldering that they come from such source. They are but the witness imaginatio of a diseased and dishonest mind. I nev hear of such a gangrenous state of any man's mind that will prompt him to make such state ments about me but that I am convinced that it needs the services of a doctor of some kind. THE WRATH OF PANN. Walsh fnsisted upon his motion for the immediate consideration of the bill, but it was voted down to 39. Later Walsh tried to have -the Curtin bill made a spe- clal order for 2 o'clock, but it was finally agreed to take it up at 11:3) o’clock. Just before it was called up at that hour Pann of Ventura arose to a question of per- sonal privilege. From him came the on statement made during the day with ref- erence to the use of money for or against the bill. He was angry, very angry, and, holding a copy of a San Francisco news- paper, he said: | t is stated in this paper that Mr. | Waish has sald I received some certain amount of money for changing my 1 wigh to ask Mr. Walsh If this Is true. “I can readily answer that question replied Walsh. “Last Saturday while the bill was under discussion I reached over to Mr. Pann and said, ‘I understand you have received $35 for changing your vote." He made some inaudible reply. I did not | know what he said.” Pann again arose and said: | 1 have no obfection to any cne getting chean fame or newspaper notoriety, but I do object to any one doing it at the expense of another’s reputztion. Whoever would make that siate- ment tells a maliclous faisehood and fs not a gentleman. I never changed my mind on that question. I will never consider such a_person a gentleman until he apologizes, but I know that small potatoes have large eyes. It was a false and maliclous statement. It was a but 1 am not surprised. a willful, malicious falsehood, knowingly toid. for thé studied purpose of ‘njuring a fellow member and I brand it here as a lle. What T sald te \Walsh and what he says was inaudi- ble was the emphatic statement that it was a lie. I have apposed this bill from the begin- ning and I now believe it to be a plece of per- niclous legislation and supported by pern! clcus methods. It strikes at the very fund: @ it @ pounded his desk as If he were in earnest. He quoted Kipling in support of his very weak argument and the opponents of the bill breathed easier when he sat down. ADVERTISEMENTS. | FREE TO EVERY ONE. Read and Learn How You May Pro- | cure It. 1 The question of why one man succeeds ' and anotber fails is a problem that has puzzled philosophers for centuries. Ona} man attains riches and position, while | his neighbor who started with seemingly the same and bejter opportunities exists in poverty and obscurity. No man can win success who is suffering from an irri- tating and nerve racking disease, and the man who has the qualities of success within him would be quick to recognize this fact and seize the' best remedy to eradicate the trouble. A person afilicted with a serious case of hemorrholds or piles is handicapped in the race for power and advancement. It Is impossible to concentrate the mental en- ergies when this dreadful trouble is sap- ping the vital forces. To show how easily | this success destroying trouble can be overcome we publish the following letter from a prominent Indiana man: | ‘When I roceived the former letter and booklet on ‘Piles—Their Nature, Cause and Cure’ I was in a critical condition. Ulcers to the number of seven had formed on the inside of the rectum, culminating in a large tumor on the outside resemb- ling fistula. I suffered the most excru- | clating pain: could get no rest day or! night. After reading the booklet I sent to my druggist, but he happened to be out of Pyramid Pile Cure just at that time. However, I obtained a part of a box from my brother-in-law and benni their use. Five pyramids completely cured me. I procured a box later, but have hadl no occasion to use them. I have been waiting to see that the cure was perma- nent before writing you of its success. I believe Pyramid Pilg Cure to be the great- | est and best pile cure on the market, and | ask you to please accept of my grateful thanks for this invaluable remedy. I take great pleasure in recommending its use | to any sufferer along this line. You may | use my name if you wish for reference | to any one afflicted with this disease.’ J. O. Littell, Arthur, Ind. You can obtain a free sample of this wonderful remedy, also the booklet de- scribed above, by writing your name and address plainly on a postal card and mail- ing it to The Pyramid Drug Co., Mar- shall. Mich. . | be threatened | Traber, Transue, Fisi THE FAN FRANCISCO CALL gESDAY MARCH 1 1903, Tired all day— than in the evening— Poisons are being carried all ti for h is the Backache kidneys— cry Plenty of it right here— San Francisco People Say So men and women who have been cured—you can’t doubt testimony like this— Mrs. B. Carrington of 168 Linden avenue 2 Pills cured backache and other incide: et acute if 1 caught cold or overexerted myseif. advertisement I was actually suffering I think more than usual, and pro- cured a box of the pills at a drug store. Other members of my family have vsed Doan's Kidney Pills and advice to ney complaint in any of {ts forms is to use Doan’s Doan’s Kidney Pills are for sale at all drug stores—50c a box— Foster-Milburn Co., Buffalo, N. Y. “Reading a paper one eveni say: Kidney or weakened kidneys. I was subj attack. recelved as undoubted benefit. My That never rested feeling— nd all night, too—worse in the morning Most times it’s the kidneys’ fault—Kidneys are sick— DOAN'S KIDNEY PILLS make matters right quickly—cure every kind of Kidney ill—backache, urinary troubles, di gh the system— of the sick betes—Proof? (B. Carrington, packer) 1 chanced to notice that’ Doan's tals due to elther excited to pain in the back, always more At the time I noticed the The treatment stopped the last troubled with kid- Kidney Pills.” any o mental principles of irrigation as this state. ment to which I refer was intended to strike | Wk at_my reputation A Johnson secured the floor before Walsh could make any reply and in a mild man- ner, free from-all evidence of feeling, he tried to .convince the Assembly bill was unconstitutional. point. He stated that he had consistentl supported the bill and had done all that he could do honestly to secure its pa sage. He saw no reason why the As- sembly should reconsider its actlon “There have been many harsh things sald during the discassion of this mea ure,” sald he, “but even though I may with violence I wish to state at this time that I have no desire to retract anything whatsoever that I have said. What I have said I meant to say, and I do not fear the consequences Prescott of Redlands boldly at proponents of the measure of using im- proper arguments and he did not minc words. Brown, Lewis of Riverside, Bangs | and Drew spoke for or against the meas- ure, according to their views upon it, and then Walker moved to lay on the the motion to reconsider the vote by which the Assembly passed the bill, and also moved the previous question. final roll call on Walker's motion to lay the motion to reconsider on the table re- sulted as follows: Aye: Rangs, _ Barber, Rlack, Erown., Copus. rt, _Cromwel Dougherty, Dunbar, Dunlap, Ells, Finn, Glea- son, Goodrich, Hart, Houser, Howard, Johnm, Kelso, Kerrigan, Killingsworth, King, Knight, Leininger, Lewis of San Fra 0, Lumley, Lux, Mahany, Mattos, McC: McLaugh- lin, McMahon, McMartin, Moore, Mort, Mur- pty, Olmsted. Pyle, Relley, Siskron, Snyder, Susman, Walker, Walsh, Wanzer, Waste, by s Bates, Bliss, Bojsson, Noes—Allen, Burgess, Camp, Dors=y, Dréw, Duryea. Foster, Greer, Higgins, Johnson, Johnstone, Lewis of Riverside, McConnell, = McKenn MeNeil, Pann, Prescott, Scward, Stanton, Steadman, @ it O Senator Devlin argued at length agaist the amendment. Senators Leavitt Lu- kens and Hubbell attempted to disconcert thke Senator from BSacramento by their questions, but he handled them in clever style. He admitted that he favored the biil, although he thought it unconstitu- tional. He saild he would vote for its passage, as he desired to let the Supreme Court settle the matter for all time. REMARKS OF LEAVITT. Leavitt explained at the outset of his speech in favor of the amendment that he did not know what position he should take, because the lawyers of the Senate were trying to tell the members how to vote on a bill which they admitted was unconstitutional. He sald he was sur- prised to find political heelers lobbying for the passage of the bill. The speaker grew red in the face denouncing the ele- ments that had come to Sacramento to force the bill through the Legislature. Senator Ralston made a short but pow- erful speech on the subject before the Senate. In part he sald: Unlike many of the Senators, I intend to make what Mr. Johnson calls a few feeble re- marks regarding this bill. It seems to me that when the charter of the city and county of San Francisco provided that its Mayor should have the right to appoint men to office, he certainly should have the right to remove them, 1 am surprised to hear the Senator say that political heelers have come here to force and assist In the passage of this bill. There are gentlemen here Interested in the passage of this bill, and as I sald before on the floor of this Senate, these gentlemen who have come here in support of this measure have as much right to do %0 as any representative of labor. We have no right to say that one class is a clique and the other is not. All men have a right to come here and say what they ‘want in the way of legislation. REPLY TO OPPONENTS. Senator Wolfe delivered a very clever reply to Leavitt's assertion that all those who had come to Sacramento to support the Dill were political heelers and ward politiclans. He spoke as follows: The opponents of this bill want you to belleve that every Senator who has spoken in oppo- sition to this amendment and therefore in favor of this bill, is a politiclah and every man who has opposed this bill is a great big statesman and {nowl nothing about politics, and the gentlemen who favor this amendment have sald those who oppose the amendments and are in favor of this bill belong to some miserable faction and are trying to cheap politics on the floor of this Senate. There is not a man who has argued against this bill who has not done polfties. My good friend Bauer did not belong to any faction, (Laughter.) The Senators from Santa Clara have not been accused of being politiclans. 1 want to ask my good friend, is O’ Neal, 4 be had not elected his friend Mayor of San that the | | table | The | ere he w would y uld have been on this bil ave been, Senator O Neal Oneal replied, “T would be against it “I believe you would,” said Wolfe sar- castically. ‘“We are not to be led by ap claptrap in this matter. If there are any political heelers here for this bill Walsh strongly defended the bill on m's,‘ there are political heelers opposed to the bill. T believe there are some nice, clean gentlemen who differ about this bill. I believe th here ask to have it 1. But, , none of th who oppe ve been doing any politics or n identified with any faction. Who ever heard of Frank Leav- itt to’ be lined up with a political fac- tion?” (Laughter.) “Why, I stood shoul- der to shoulder with him for four years. We have won and we have suffered de- feat.: Let us be frank. If there be poli- tics in this, both sides are for and a st.” Bauer put his foot in it by announcing that the proprietor of t n the “job” to pass the the bili was not vic e Chronicle was bill. Curtin said us and quoted more vthorities. Hubbell closed the debate on he amendments to the bill. He eulogized the men of Indfana and pointed with prid to his record in the Senate. Senator Jack Tyrrell and Martin Kelly wept on each other's shoulders in the lobhy after the result was declared “This s rough on Colonel Dan,” sobbed Jack. "Tis the next thing to hell"” Kell Then Kelly espied Senator Belshaw in the lobby. Belshaw was smiling and the smile irritated the dead boss. He ap- proached the Senator from Contra Cosia and that gentleman remarked with that suave smile of his that 18 worth many votes: “Those fellows are like the Spaniards. They don’t know when they are dead.” “Never mind,” said Kelly, gulping down a sob. “We'll get the record of some of moaned Continued on Page 5, Column 4. 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