The San Francisco Call. Newspaper, June 28, 1903, Page 35

SAN FRANCISCO, SUNDAY, JUNE 28, 1903, SUPERVISORS ADOPT BUDGET, OVERRIDING VETOES OF MAYOR Chairman Brandenstein of the Finance Committee and City’s Chief Executive Dispute Over Construction of a Sentence in Latter’s Message to the Board Setting Forth His Objections e ~p. conscientious administration of the fin- ances of the city should coincide on every item of the budget. There must neces- sarily, in the nature of things, be a mu- tual concession among the members of the board to induce the assent of all or fifteen of them to the document in its final shape. It is safe to say that no member of this board assents to every item of the budget. On the other hand, the budget approximates on the whole very closely the views of all the members of the board who voted for its passage. “With these general observations we proceed to examine in detail the veto message of the Mayor and weigh care- fully mendations. “The charter provides that in vetoing any item of a bill of this kind the Mayor shall ‘append to the bill a statement of the item or items to which he objects and ns therefor.’ (Charter, article 2, BECUTIVE OF 8. AIN 17 N FRANCISCO AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE LY CRITICIZED THE FORMER'S MESSAGE VETOING CER- —— - gt o for the| “I only have one means of interpreting | charter provision is obvious. The Mayor' adopted | your report. If you have not scrutinized (is not only the chief executive of the upervisors you have not examined it,” | municipality, but by virtue of his veto e lied Brandenstein sarcasticall power ex. es control over its legisla- - Fsine If you wish to punctuate the sentence | tion. His views must therefore be of to three ou see fit, you can place any construc- | great cogency with his fellow legislators numerou: on it,” came back the Mayor. *The |in the Board of Supervisors, who are en- ¥ mem- | sentence reads, ‘I have not scrutinized | litled to be advised specifically hy him of ere Hor- | the budget,and I do not make these vetoes | the reasons that induce him to exercise ol L. A h any idea that 1 have entirely cov- | his legisiative power of veto. One who . succeed | €72d the field of possible reductions.’ | seeks diligently will find that in many .. S There is no period after the word budget, | instances the message fails to specify the er of items ve- | ted against the for final passage to vote, read a giving his reasons r ard was an inter- 4. Owing to de lengthy reply enstein as den- » his pa- BRANDENSTEIN’S REPLY. ly to the veto m ard by the Mayor was a sensation in ngered the Mayor. nced that he would reply next, Duri the reading “inance Committee, Brandenstein | subsequently adopted | isitors gave the closest m was filled with city | »ves. Those present | sted in the passage of | meant an increase in created and by sany and more assistance to | ere. Brandenstein was congratulated | o Jie manner in which he pre- d the lengthy report long wait for the report Su- unhart moved to have the Bra s svspended in order that he might visor roduce @ number of resolutions. Per- jion being granted him, he introduced an amendment to the ordinance preyious- passed, giving the board the power to | bonds for the erection of the City | County Hospital and the erection of mnyside, Laguna Honda, Bergerot, e and Washington grammar This was necessary, as Judge | well on the previous day had rendered ecision declaring the special tax for vose to be invalid. report Brandenstein said the sue his vor had acknowledged in his message t he had not examined the budget. ne Mayor interrupted Brandenstein and in & heated voice said the latter was mis- onstruing the message. This led to a wordy tilt between the chairman of the Finance Committee and the Mayor. “] understand the Finance Committee wants to be fair,” said the Mayor, “but when I1s chairman announces that I have not examined the budget he is not acting fairly.” .for the responeibilities of their office and bu a comma 1 take the explanation of the Mayor, said Brandenstein. “There is no need of it. is perfectly clear. have right Again during the reading of the report Brandenstein paused to ask the Mayor | where he got the information upon which | he based his many vetoes. | | | The sentence | T only do not wish to | ou construe it in a way that is not | Proceed with your report,” sternly or- dered the Mayor. “Do you .decline to answer my ques- tion?" asked Brandenstein, sarcastically. “Proceed with your report,” again or- dered the Mayor. “I take it your Honor desires to evade | the question.” “Take it any way you please. with your report.” Just as Brandenstein began to read | again the Mayor interrupted him and asked Proceed that report concurred in by the oth- er members of the committee?” “I have concurred in it,” said Loughery. “Have you concurred in it, Mr. Wilson? “I have not seen it,” replied Wilson. “I think vour Honor will find that it is the sense of the board before we get through.said Brandenstein. “Proceed,” said the Mayor, with some show of temper. Brandenstein then read report: REPORT OF COMMITTEE. “To the Hondrable the Board of Super- visors of the City and County of San Francisco—Gentlemen: A proper regard the following of their obligation to account to the pub- lic for the faithful discharge of their of- ficial duties makes it imperative that a formal reply be made by the Board of Supervisors to the message of the Mayor vetoing certain items of the budget for the fiscal year-1903-194. heretofore finally passed and adopted by this board. “The Finance Committee has given careful attention to that message and submits the following observations in the form of a report as the expression.of the | views of this board on the veto message, with the recommendation that if the re- port correctly states thoge views it be adopted in form. In the first place, it will be readily conceded that the task of distributing revenue of about $6.000,000 among the various branches of the mu- nicipal government with justice and pre- cision is extremely delicate and difficult. Aside from the difficulty of correct ap- portionment it is hardly concelvable that the views of eighteen men attempting a reasons for a given veto, and where this is not the case adduces by way of reason the fact that he believes his recommenda- tion to be correct. The message redounds in such expression of reasons (?) as ‘I am of the opinion,’” ‘I am sure,” ‘I am satis- fied,’ ‘I see no reason,’ ‘I am more than convinced,” ‘I believe," etc. In this desert of tangible grounds for veto one searches in vain for a word of reasoned objection. We think, with all deference, that tne | provision of the charter that the Mayor should state the reasons for his vetoes has not been complied with by him. We say this in no spirit of fauit-finding, but because we deprecate the absence of in- struction from the chief executive of the city which we are entitled to in our de- liberations by virtue of the expressed pro- vislon of the charter. During the con- sideration of the preliminary message of the Mayor on the budget the board heard | from him in person only a reaffirmance of the views expressed in that message, which are practically identical with those of the veto message. The board sought eagerly to be advised by the Mayor what methods of investigation he had pursued | and who his informers were and what his source of information was, but in the main the Mayor contented himself with a simple refteration of the opinion expressed by him in his message. Laboring under the disadvantage of .not being property possessed of the reasons that actuated the Mayor in the formulation of his objec- tions, because of his failure to state them, or because of a wholly inadequate state- ment of them, it is difficult to meet on a common ground for the purpose of refuta- tion. After weeks of careful investigation the Finance Committee presented a budget which, after being modified in part, was adopted by the board. The burden of showing that any of the recom- mendations of the board were improper was upon the Mayor, and that burden we submit the Mayor has not discharged. “In the first place, the inadequacy of his examination of the needs of the va- rious departments and the provisions for them made by the budget is candidly and freely admitted in the message itself, when the Mayor stated that he had not scrutinized the budget. The same statement was made in the same language by the Mayor in his message transmitted to the board on June 8. In the face of such an admission it is difficult to consider the recommendations of the Mayor with any degree of seriousness. Agajin, without de- siring in any way in instruct the Mayor in the duties of his office, we direct his PSR TP BT T Continued on Page 36, Column 1. each and every one of his recom- | | constitute a perfect title has aroused in | | make application and Pay the fees, so that | oice. | the colored men used a razor and Scott COMPLIGHTION ARE NOT FEARED Bank Officials Talk of a Supreme Court Decision. City Deed Is Not Entirely Essential to Good Title. The recent decision of the Supreme Court establishing the fact that an al- calde grant to lands in this city does not | the minds of some people a doubt as to the ownership of certain property in the eastern portion of San Francisco. Some holdings within the boundaries of the old Pueblo and not affected by the famuu:x; Van Ness ordinance will need a deed | from the city to possess a perfect title or | legal complications may ensue. Prominent | bank officials and legal lights, however, assert that there will probably be little | or no litigation as a result of the court's | decision, The e in point was a suit brought | against Joseph Calegaris by William | Gwin. The last named had contracted with the former to purchase a pilece of property on Third street for $50,000. The | sum of $2500 was paid down to bind the contract. It was stipulated that Cale-| garis must show a perfect title. | He had a record.of an,alcalde grant of the land, but no deed from the city. | Gwin contended, therefore, that the ti was not perfeet, and asked that the $2500 | be returned. The trial court upheld Cale- | garis, but the higher tribunal says that | the contestant was right and may have | his monev back. | Then people began to wonder if they really own the real estate they call their own. They fear that some one might un- earth a previous grant or bill of gale and try to oust them. SPANISH LEFT TANGLE: In the days of Spanish rule much land | in this section of country was granted | from time to time to various persons without much regard to overlapping | claims or. descriptions of property. Con- n California was ceded. to the Americans found elves confronted with a tangle in real estate holdings. After several years of fruitless endeavor to get some order out of the chaos, the Van Ness ordinance | passed. | This plece of ‘legislation gave.a clear | title to those who in June, 1855, had held | property in this city from the previous Januvary up to that time. The district af- | fected was that much, of San Francisco | lying east .of Larkin_and Johnson (now | Ninth) streets. . The municipal corporation as such thén seeured a patent on lands outside the ‘section designated and then issued- deeds therefor. ‘While the city was ready to give deeds to property in_the eastern portion of San | Francisco, somié people neglected to per- fect their titles, and Calegaris’ predeces- sors were of th‘h class. Those who hold a “good” title ean gét a city deed if they the only effect the decision w. have probably will be to cause pufchase to demand city deeds. Bank officials state | that they are willing to loan money on real estate regardless of the presence or | absence of the deed from the citv, pro- | vided that the title is good otherwise. | LEGAL AUTHORITY SPEAKS. One of the city’s most prominen: attor- neys, and the legal representat: of a| great finaneial institution, said yesteray in reference to the Supreme Cour: deci- sion: “The decision depends upon the particu- | lar contract of sale made hy Liwe parties. A verfect title was guaranteed. In for- mer ceses the Supreme Court has defined | that to bg one which can be proved by the | public records alone, In this case it was | 11 that zl*bough the title might be good | nd ~valid its perfection depended upon | pessession in 185 under the Van Ness or- | d'nance ani such possession cou'l not be | rroveG by any rece:d in te Recorder's | *“The ccurt does not =ay th: docs not kave a good title or title or even a marketable title w city dee. It is only in rece a city deed has heen asked f of the city covered by the V. he city in fact © The only purnos; formed by the deed is to show that th title had passed out of the eity in 1855 and | was vesied ot that time in the criginal | grartors of the present owners | P e— Gill’s Territory Is Extended. i On July 1 John A. Gill, Pacific Coast freight agent of the Lake Shore and | Michigan Southern Railway and Mer- | chants' Dispatch Transportation Com- | pany, will have Montana and Idaho add- | ed to his territory. This jurisdiction is additional to the States of California, Oregon and Washington and British Co- | lumbia. Gill left for Portland. the early part of this week and while there ap- pointed W. T. Kelly joint-agent for the States of Oregon, Montana and Idaho. There is at present an agency at Seattle, with E. R. Ingersoll agent for the State of Washington and British -Columbia. —_—— Poker Cases Continued. ‘When the cases of Adolph Franzinl, keeper of the Tahoe Club, at 1041 O'Far- rell street, and the fifty-six men arrested last Wednesday night for violating the new ordinance against poker playing were called in Police Judge Conlan’s court yes- terday the Judge said he was not able to hear them, and by consent they were con- tinued till next Thursday. In view of the decision rendered by the Judge on Friday in the Seattle Club cases if it can | be shown that the Tahoe Club is neither a public place nor a barroom the cases ‘will have to be dismissed. —_—— Uses Razor in Card Game. Joseph Scott, a resident of Berkeley, was cut on the head with a razor yester- day while gquarreling with four colored men in a saloon on Pacific street. Scott and the men were playing cards and he won the money. This angered his oppo- nents, who attempted to secure the money they had lost. In the melee one of suffered a severe cut. He was treated at the Emergency Hospital by Dr. James D. Murphy. He will lodge a ‘complaint against his opponents. Rebekahs Will Entertain. Next Tuesday evening Jubilee Rebekah Lodge will entertain its members and friends in its hall in the Odd Fellows’ building with a vaudeville programme and dancing under the immediate direc- tion of Junior Past Noble Grand Erne Happ Jacobs. A number of local favorites will entertain with specialties. In addi- tion there will be a prize for the most popular Rebekah, one for the most-pop- ular lady in the audience, a guessing con- test and refreshments. | been expected of him. | w END OF ROMANCE BRINGS SURPRISE Colonel Francis E. Beck Weds Miss Alice M. Ogg at Home of Bride’s Mother=-=-Though Marriage Is Unexpected Society Rejoices | | coLormzzs . | 2 —— | AILELLD ! ’jjl"//})’:/./ Teroro. 1 T — | g WELL-KNOWN BANKER AND CHARMING SOCIETY YOUNG WOMAN OF THIS CITY WHO WERE MARRIED AT THE HOME OF THE BRIDE'S MOTHER FRIDAY EVENING. ~+ J. Ladd of Gilroy and has many strong friends in Santa Clara Valley, where she has made her home. The groom is a son OLONEL FRANCIS E. BECK, manager of the San Francisco branch of the International Bank- ing Corporation, and Mi Alice M. Ogg pleasantly surprised their many friends by being quietly married at the home of the young woman's mother on Ashbury street last Friday evening. It was suspected by many of those inti- mate with the couple that there would be a wedding before the arrival of winter, secretary of the Park Commission. He is well known in this city. Mr. and Mrs. Tahoe. . . Earl Hollander, formerly of Boston, Mass., and Miss Amanda Cavalier of this city were married at St. Steven’s Church last Wednesday evening. Mrs. Clarence but they were not prepared for so speedy | Beatty matron of honor and Miss a culmination of the romance. All of the | Alice Wyckoff was bridesmald. T. Simp- son and Sherman Jones were ushers. The ” 's iends a associates | 1 golonels e :"‘? :’:’::;sm, ht have | Pride wore white chiffon over white satin. are saying that it is jus gl Thetr walding ‘tris was' to- Jhe’ Beuiliaen He pleads that he > part of the State. They will reside at suddenly called to New iork and| pssagena, where Mr. Hollander has just that he would take a wife with him. The usiness. g has Dertimed 'at- 0. Ay} S0 8 wed; I busiesy street. Only relatives and a few very | close friends of the principals were pres- ent. * The wedding was followed by a banquet at which there was a plenty of good speechmaking and numerous toasts to the prosperity of the bride and groom. Mr. and Mrs. Beck will be absent from this city for about a month. After transact- ing some necéssary business in New York they will visit several other Eastern cities. On their return they-will reside at 40 Ashbury street. The bride, who is a daughter of Mrs, Martha Newton, is a well-known beauty and society woman. Colonel Beck has been very prominent in financial, political and social circles in this city for twenty-five years. He is immensely popular with all his friends and acquaintances, and justly. For many . Mr. and Mrs. Theodore Gray and Harold Gray, who have been spending the month of June in the mountains of San Mateo County, will return to town to-day. . e Mr. and Mrs. Reuben Cohen and daugh- ter are sojourning at White Sulphur Springs. . Miss Julie Michelson is a guest of Mrs. Jesse R. Grant at La Jolla. —————————— UNDECLARED SILK MAKES lector and Her Property Con- fiscated as Smuggled. of the late Philip Fay and was formerly | Fay will spend their honeymoon at Lake | GRAIN GAGES TRANSFERRED Circuit Court Will Try Suits Against Henry ‘Wadsworth. Recsiver for Eppinger & Co. Demurs to Actions in Conversion. PUESE il The suits of the American National Bank and the Bank of Monterey agalnst Henry Wadsworth, receiver of the bank- | rupt firm of Eppinger & Co., will be tried | in the United States the Northern Distri Circut Court ot of California. of An | order transferring both causes from the Superior Court to the Circuit Court was | signed yesterday by Judge Seawell. Both suits are actions in conversion, it being alleged in the complaints that Wadsworth holds w t and Dbarley | valued at $93,000. on which the banks had | advanced large sums to the bankrupt firm and for which loans they held as security warehouse receipts. Wadsworth filed a demurrer yesterday to both suits. He demurs to them on | three different grounds. First, that the complaints do not contain facts sufficient | that they are uncertain in that the: to constitute a cause of action; s cond, do ; not show the grain in question to be the TROUBLE FOR A WOMAN MaGill and Miss Nettie Dost property of Eppinger & Co., and third, that the court has no jurisdictio; NATIONAL GUARDSMEN WILL GO INTO CAMP | Fifth Infantry to Drill at Healdse burg and the First Artil- lery in Stockton. It has been decided that the Fifth Ine fantry Regiment of the tional Guard shall go into camp at Healdsburg and re- main there from July 18 to 25. It was decided at a meeting of the board of regi- mental officers that at camp, on the oc- casion of drills, the men shall wear either blue flannel shirts or blouses, and that the wearing of colored sweaters shirts that are not of the regulation uniform and color will not be tolerated. Mess by companies will be the rule, as it was at Ukiah last year. The Fifth Infantry will on July 1 be provided with the regulation light blue for stripes and chevrons for the men and the officers at that date will have the new regulation shoulder straps, caps and so forth. It will be the first regiment of the guard to be so equipped as a whole. Sergeant H. P. Johansen was elected second lieutenant of Company F of the Fifth last week. This election completes the full number of lire officers in that regiment. The First Battalion of Artillery leave for Camp MacArthur, Stockto: the afternoon of July 4 for efght days’ en- campment. The camp has been named MacArthur as a compliment to the United States commander of the Department of Callfornia and it is expected that he will visit the camp and review the battalion. During the camp the men will not only be required to act as infantry, but will also receive theoretical instruction coast artillery duties as far able. There will be plotting, range-find- ing, predicting and lectures on these sube Jects. Major Ducat, U. S. A., has been detailed by the War Department t inspect the camp. Colonel Wilhelm will be in camp for several days and he will be warmly welcomed by the command, with which he is a great favorite. Governor Pardes has been invited to inspeet the ecamp and when he does there will be a field day, including atheltic exercises, swimming matches, etc. It is expected that Adjutant Stone and Assistant Adjutant Banham will"also visit the camp. ———— TRUNKWORKERS' UNION ENTERTAINS FRIENDS Affair Held at Mission Turn Verein Hall Proves a Great will on General Colonel Success. The members of the Trunk and Bag Workers' International Union gave their first annual ball last evening at Mission Turn Verein Hall. The hall was prettily draped. for the occasion and during the g refreshments were served. The success of the affair was due to the following committees “harfes stey. pres dent Frederic _ Wesley, secretary; Frank de Panter, Rudolph Morganstein and C. Leonhardt. Reception—Louis Langley, Frederic G. Velten, Miss Gertruae Harrison. Floor manager—Albert H. Marde: assistant floor managers—Walter - ertson, Louis Koeset, Miss Minnie ———— Mrs. Corbin Haled Before the Col- | Special Rate to Willits for the Fourth of July Holidays. An excellent opportunity to visit Willits during the Fourth of July holidays is of- years he was connected with the Anglo- California Bank, but a year or two ago he was induced to accept the position of manager of the great International) Bank- Mrs.- A.* Corbin, who arrived from the | Orient with her husband on the Hong- | kong Maru, found herself the victim of | an unpleasant episode yesterday when'Qer | fered by the CALIFORNIA NORTH- WESTERN RAILWAY. On the 2d_ 3d. 4th and 5th of July tickets will be on sale, with return limit Monday, ing Corporation. Colonel Beck has been identified with the National Guard at va- rious times as a commissioned officer. He served as aid-de-camp to ex-Governor Gage during the latter's administration, and at the time of the Spanish-American War he was made honorary ald to Gov- ernor Richards of Wyoming. He left with his wife for the East at 10 o’clock yester- day morning. A large deputation of friends were present at the station and wished the happy couple godspeed ‘on their journey. trunks were searched on'the dock by the customs officers. They found in one of the trunks six pieces of silk pinned to the skirts of dresses. The silk did not appear on her declaration. The goods were seized by virtue of the statute prescribing con- fiscation and a fine equal to three times the value of the goods. Mrs. Corbin explained that she had in- tended to mention the articles in her de- claration, but had forgotten to do so. Customs Surveyor Spear referred the matter to the collector. —_———————— Saunders Case Postponed. Police Judge ¥ritz announced yesterday that he was unable to give his decision on the technical point raised by the at- torney for H. M. Saunders, business agent for the Building and Tralles Council, charged with embezzling $25 which J. J. Allen of the Sheet Metal Workers' Union aileged he gave him on August 16 last to send to the striking coal miners in Penn- sylvania. The Judge said he had been so busy that he had not been able to look Miss Adelaide Upson of Sacramento and William Ormsby of this city were married yesterday afternoon at the resi- dence of the bride’'s aunt, Mrs. Charles Belden, in Ross Valley. The ceremony took place at 4 o'clock and was a quiet wedding owing to the recent death of Miss, Upson’s mother. The Belden resi- dence was appropriately decorated for the occasion. There were about eighty guests. The ceremony was performed in the library. The room was beautifully ornamented with smilax and Easter Yomm's T ey M fes o | Up the authorities submitted by the de- c?flt:; Miss Marion Upson was maid | fense and prosecution, but would be ready of honor, and W. W. Douglas of Sacra- to give a decision on Tuesday. mento acted as best man. The Misses Lucy and Alice Hanchett, nieces of the bride, were flower girls. After the cere- mony all the guests partook of a colla- tion, after which the couple departed on the North Shore 6 o'clock train. Mr. and Mrs. Ormsby will tour the southern part of the State, and upon their return they will reside in San Francisco. —_————— Leaving the Old Home. After 27 years of creating fashions that bhave made San Francisco famous for well-gowned women, the business of Kel- ly & Liebes has grown to such propor- tions that they will occupy the entire five-story building which they have leas- ed at the corner of Kearny and Post streets. Monday, July 6. they will begin the atest clearance sale ever known in the tur‘.ol this city, selling e gar- ment in their present store, 120 Kearny street, so as to open with an entirely new stock In the fall. . At a quiet wedding yesterday afternoon Mrs, Belden Sargent became the bride of Philip J. Fay, the Rev. Father McQuaid officlating. The bride is a daughter of L. | July 6. at only $6.00 for the round trip. Hotel Willits, the largest and Auest hotel in Northern California, built by the citizens of Willits and opened last April, offers splendid accommodations and ex- cellent meals. Terms, $200 to $3 30 per day; $10 00 to $18 00 per week. 5 The mountain surroundings, redwood forests and picturesque ecanyons make Willits & most desirable location for a summer outing. - e ee—— Sea Cook Wants Damages. John W. Pearston, a sea cook, flled a sult yesterday in the United States Dis- trict Court against C. Harrison, owner of the schooner W. F. Garms, for 00 damages. Pearston alleges that he shipped as cook on the schooner Peerless, bound for Manila and return. The vessel did not return to this port and his passage on the Garms to this city was paid by the cap- tain of the Peerless. When he boarded the Garms the captain of that vessel at- tempted to press him into service as a seaman, and Pearston was obliged to go ashore at Man —_——— Tears Policeman’s Uniform. Edward Mullarkey gave Policeman J. R. O'Connor battle yesterday forencon at Folsom and Seventh streets, and before he could be subdued succeeded in tearing the officer’'s uniform. The prisoner was taken to the Central station ani charged with battery and disorderly cunduet. Bitten by a Spider. E. Albert Johnson, a workingman, liv- ing at 819 Potrero avenue, was bitten on the arm by a spider while tearing down a building at Bucharan and Fulton streets yesterday. Johnson suffered from the poisonous bite and had to have kis wound cauterized at the Emergency Hospital