The San Francisco Call. Newspaper, December 3, 1903, Page 1

TEE WEATHER. Forecast made at San Pran- eisco for thirty hours ending midaight, December 3, 1903: San Francisco and vicinity— Falr Thursday; not so warm; lizht northerly wind; probably fog in the momiing. A. G. McADIE, nll:trict Forecaster. o Roads.” Central—“The Counterfeiters.” Columbia—"“Way Down East.” Fischer's—“IL. 0. U." Grand—*“Over Niagara Falls.” Orpheum—Vaudeville. The Chutes—Vaudeville. Aloazar—“A Poor Relation.” - California—"“At the 0ld Cross SAN" FRANCISCO, THURSDAY, DECEMBER 3, 1903. PRICE FIVE CENTS L 4 B R, DOWIES | that pecu - HE Hassell Audit Company, employed by the Finance Committee of the Board of Supervisors, after eight months’ work has filed an exhaustive report, showing lations in the County Clerk’s office during the last eight years amount to $36,000. T he conduct and affairs of thef prol{ate defparrftl.ant of the office under the past and present administrations come in for a terrific scoring. In the report the Judges of the Superior Court are asked to fully investigate in future statements of ttorneys before making an order remitting fees, as th}y have undoubtedly frequently been imposed upon in the past. . EXPERTS REPORT TO FINANCE COMMITTEE SHOWS PECULATIONS REACHING $36,000 IN THE COUNTY CLERK'S OFFICE DURING THE LAST EIG A . =y WK PLEF o FOR FUNDS Flijah’s Flock Not Responding With | Alacrity. | Receivers Find Zion’s Finances in Bad | Condition. ‘ 08 MAN' EAR ADORAS CAPTALIST Operation An- nounced. Rich Patient Is Elated Over His $5000 Acquisition. Investigation . of ‘Banking Methods of the Apostle Is' Begun. th 84 Surgeon Refuses to Reveal Names of Seller and Purchaser. e Special Dispatch 7(0 The Call NEW YORK, Dec. 2.—The announce- ment of the successful accomplishment of the grafting of the ear of one man to the head. of another was made by L. Nelden to-night. The atient upon whom Nelden grafted an is now being cared for in the phy- ian’s home. He is overjoyed in the al possession of an ear which an- man wore a little more than two weeks ago. The man who sold his ear for $5000 is the Andrew now in a private sanitarium in Phila- phia, where the operation was per- 1 d. He will be released in two a and will' go immediately to his home near Pittsburg, where his wife e 4 2 and children are pwaiting him. He is PP D perfectly satisfied with his bargain, L REBUILD JERUSALEM. Nelden says, and will use the $5000 to rt life anew. The plcher patient was rought to this city to-day. Wide attention has been attracted to this case, around which great secrecy has been thrown to prevent 'a revela- tion of the names of eit tient or the ear seller. This secrecy wi be maintained, but in the interests of next house It rusalem. Success of Grafting | er the rich pa- | H | " Lovsmary [ Alisay RO | = \Public Administra- | tor’s Office Is Scored. ! 1 BANDITS DIE AT HANDS OF THERURMLES 'Mexican Outlaws . Are Shown No Quarter. I’ursuers Take Them by Surprise at Daybreak. il \ ! | % b/, | | Desperadoes Are Shot Down | and Left Unburied on Hillside. Special Dispatch to.The Can. DOUGLAS, Ariz., Dec. 2—Dr. F. A. Utz, who just returned to Douglas from Pinita County, Sonora, brings the story of the death of three frontier reme- | gades, members of a notorious gang, the leaders of which were Kkilled or captured several years ago. This small remnant of the once noted band recent- | Iy had been committings many depre- dations in Sonora. After the fight sev- eral years ago in which their band was broken up they had fled to the south, | and only returned to their old haunts | about two months ago. They had lost | their horses and were crossing the | country on foot, when a party of | twelve Mexican Rurales caught their trail. From the descriptions received | had stopped to demand food at the | point of their revolvers the Rurales | identified the three renesades, whom they had orders to shoot on sight. | The trail was followed for a night and o LN AT [ two days. At the close of the second 3 7, | day the tracks became fresh, and the Hiswy Fol | Rurales knew that they were close . | upon the heels of the bandits. At sun- “The remission or deferring of fees |down'one of their number who was sent is not practiced at this time to the |out to reconnoiter reported that the extent of former years, but, though | outlaws had stopped for the night at CANA at several ranches where the ouflaws | LT B TR B P Junta.Accepts the -Treaty Without Amendment. L Prompt Actidn Causes | I Rejoicing on the | Isthmus. . Document Will Be Hurriéd‘ | to Washington for the : Final Move. PANAMA, Dec. 2.—In the grand salon of the Government palace the treaty between the United States and the Gov- ernmént of Panama was signed at 11:33 o'clock this forencon by the members af the junta and by all the Ministers of the republic: Senor Arrango, President of the Senate, was the first to sign. A number of prominent persons were present, ‘including Senor Bridi, Presi- dent of the municipality of Panams. and General Huertas, commander-in- chief of the forces of the republic. The ceremony was performed in-pub~ lic, a number, of the citizens of Pana- ma crowding the doors of the salon. A big flag of tha new republic was draped behind the table on which the document was signed. Photographs were -taken of the principal signers as they at- tached their signatures to the treaty. Senor- Arrango annousced the treaty would not only be , but that the fact of its ratification Wwould be published this afternoon. ThHis an- nouncement was greeted with gredt ap- | plause by the assembiage. DECREE APPROVING TREATY. Immediately before aftaching his sig- . nature to the treaty Senor Arrango read a décree In which was recited the fact that an agreement had been en- ftered into- between Philippe Bunau-Va. * rilla, representing the republic of Panama, and Secretary Hay, tepre- senting the United States. This was followed with the text of the treaty. The decree then says:- - ¥ “Considering, first, that in the treaty a guarantee of the independence of the Suggestions Made | surgery Nelden decided to make public | a deserted mining camp just ahead. se of our e a dogs . be- out. y ar the confidence a comn he clouds eived g to part. I ne crush then o you for help be found Wz mie to-day. They wented I would say to you to- learn from- me?” they ) nued in this strain for hour and repeatedly rged his hearers to come to the fin i of Zion with all the means >osal. | $1,000,000,” he said, “and | ithful here in Zion City ste half of that sum: I want night. tion taken up is said to he d to less than $1000. DOWIE'S LIABILITIES HEAVY. It is declared by the receivers .ap- | inted yestérday for Zion City that ffairs of Dowle are in a worse con- t first supposed. Re- | r said to-nigh | sat Dr. Dowie will be able | his obligations in time. Just kow Jong this time will be is some- | ng t we will not -be able to tell ntil we have made a thorough investi- t of his effects. I understand jeves he will be able to settle against him in the course of T believe t r \.\md;}- it was the opinion that bilities of Dowie would not at the outside, to more than To-night it was admitted by eivers and their ‘atiorneys that & against him for merchadise 1d aggregate $500,000, and in ition to this amount that there are ges on his property in Zion City r ting to $125,000, which are due| the first of next year. He owes $100,000 to his brother-in-law, Samuel Steven- | making a total of $725,000. The receivers to-day found one of Dowie’'s banks in operation at Twelfth and Michigan avenue, and they promptly put an agent in charge and had the doors closed. Judge Kohlsaat ied the actionof the receivers ting up this bank, as well as the nstitution in Zion City. Experts have been set at work on the books of both | ne stree | five-year payment plan. all other facts in connection with the case This is the first time in the history of surgery, o far as the records go, that the grafting of an ear has heen accomplished. Dr. Esmarch, the cele- brated'German surgeon, has striven re- peatedly to graft the whole or part of an ear, but in no instance did the tis sues unite. Plenty of subjects were sup- plied him from among German stu- dents, whose ears are frequently maimed in saber contests. The failure of so eminent a surgeon as Dr. Es- march led surgeons the world over to that ear-grafting was prac- tically impossible. exact condition of the two banks to the receivers. Judge C. C. Kohlsaat, who yesterday appointed the recelvers, entered an or- believe der to-day restraining the prosecution | of any suits against the results of the rece!veiship appoint- ed for Zion City. BANK’'S CONDITION UNKNOWN: The secrets of the Dowle Bank have been so closely guarded that not even the State Auditor has been able to ob- tain a statement of the condition of the institution. The Legislature, through a committee, sought to probe into the methods of the bank three years ago, but was forced to acknowledge defeat. In Zion City all title to real estate is vested In Dowie. The tract of land on which Zion is buiit was bought on,a Several pay- ments are due, the last one falling upon September 1, when Dowie paid up the interest and asked for more time. Mortgages on the land are held by the original owners, and forectosure would mean forfeiture of the lots and houses of the followers of Dowie. At the Zion City general store, where Receiver Currier wasintroduced to Dea- con Clendenen, the gencral manager of the stores, the question arose as to whether the trade checks in use in Zion City were to be accepted at the store under the receiver’s administration. Clendenen <aid that many residents of | Zion had little or no ready money'and were depending en trade checks, which were given as money. If these checks were refused it would, he said, work great hardship. After consulting with his attorneys Recelver Currier s2id that the checks would not be accepted. This decision was made known also to the manager! of the Fresh Food Supply .of Zion, which includes-the butcher shop. In a short time, when it had become known throughout the city, it occa- sioned a panic among those. of Dowie’s followers whose only assets are sthe trade checks. How these persons are fo live during the coming week, ‘unless institutions, and in a few days, it is ex- | they are assisted by their more weli- pected, they will be able to report the | to-do neighbors, is problematical. Dowie, pending | | to the Probate \ Court. An unsavor | Ing the Pub state of affairs concern- Administrator’s office | as well the office of the County | Clerk is made public through the re- port of the Hassell Audit Company, | employed by the ecity to expert the County Clerk’s books. .This report was filed yesterday with the Finance Com- mittee of the Board of Supervisors. In | it the Hassell Audit Company alleges | that amounts aggregating $36,000 are | due the city from: the County Clerk's | office, tltis sum representing peculations of the last eight years and up to July 1, 1903, the date upon which the in- vestigation was concluded. | The management of the-affairs of the | probate department comes in for a | hauling over the coals and the irregu- larities of that department occupy a prominent part in the report. In dealing with the alleged Irregu- larities In the Public Administrator's | office the report says: “¥rom the facts | disclosed” we- have at times .thought | there may have been collusion between | the Public Administrator, through his | attorneys, with the department ff the | Superior Court to which his cases were assigned, but this being so improbable | we are prompted to say that the court | has been imposed upon.” | NOTHING OVERLOOKED. The report alleges ;jthat on July 1, | 1903, the office of John Farnham, the | present Publlc Adminjstrator, owed to the city or was responsible to the city for the sum of $1277 §0. The authors of the report have | bandled the whole situation of the County Clerk's office and all those im- mediately connected therewith in a | manner that shows no desire to over- look anything. The report being now in the hands of the Finance Committee, it remains with that body to say what action shall be taken in the premises. According to the report, the sum of | $36,000 alléged to be due the city repre- | sents . amounts due from various |'aources, and recovery will only be pos- | sible by legal action. Embezzlements are shown in amounts entered in the registers as paid and not carried to the cash books; also in schedules of amounts- evidenced ' by . receipts of Deputy Counlty’ Clerks, which receipts are on file, or in the h of attor- neys, but which amounts have never been accounted for. One schedule designates large amounts which are due in open causes. The report is a most voluminous document, and covers 396 pages of closely typewritten matter. as The report of the records and agc-j Tonw S SEELL Zmporim j;‘,’ - i -~ x3 PUBLIC ADMINISTRATOR : AND OFFICIALS INVESTI- | GATING HIS AFFAIRS. | | | Aot counts of this office includes 15,000 dl;‘j ferent items, to each of which was | glven a separate investigation. Every recorded cash transaction- during the last eight years has been followed throughout all the records, The report at the start refers to the conduct and affairs of the Probate De- partment covering the_ period from March 28, 1895, the date o* the adoption of the new fee bill, to July 1, 1903, and etates in part: SUGGESTION TO COURT. “During the years 1895, 1896 and ub to September 30, 1897, a very satisfagtory system was in vogue, but as resort was had to downright dishonesty to defeat it, much peculation resulted, which would have been impossible, but for the absolute and positive incompetence and neglect which characterized that ad- ministration. . “The present condition of this office is deplorable, the work being far in ar- rears. This, however, is not a new con- dition, but due in part to the fact that much back work was inherited from a preceding administration. “‘Since January 20, 1902, some hundred or more days of varying dates docu- ments have been recorded as occasion might arise for anticipating a cause and giving it precedence over the rou- tine work. The documents thus record- ed out of sequence have not been ‘com- pared,’ but .are stowed away in the desks of the copyists awaliting a conve- nient time for comparing them. A large number of bonds are in the same situ- ation, having been . recorded, but not properly filed away in the vault owing to their not having been compared with the record. “Wills are recorded up to December 30, 1901, but no work of recording seems to have been .done since April .1, 19083, with the exception of the Fair wills re- corded November 6, 1903. Six, months of the recorded wills have not been compared, and o are not.properly filed away. . Ph . “We respectfully submit, with all deference due to the Superior Court, that before making an order remitting fees the statements of the attorney re- q -same be fully investigated by the Judge. 5 not wishing to criticize the action of the court and though we have not specially looked into the matter, we | cannot refrain from citing a few cases | in which the court has undoubtedly been imposed upon. We would give | many others, but deem a few suf- ficient.” Here follows a long list of items and stories regarding the administrations of estates, in which the report states that the charges of both the Admin- dstrator and his attorney yere greatly | in excess of what they should reason- | .ably be. It then runs on as follows: “While our examination has been confined wholly.- to the office of the County Clerk and has net embraced an inspection of the books and ac- counts of the Public Administrator, we believe it is our plain duty under your instruction to report certain matters which our examination of the various causes in probate has brought to our attention. “An eminent jurist is reported to have sajd, in sarcasm, that the estates¢ of | the deceased dying intestate should be divided between the Public Administrator, his attorney and the undertaker, thus saving the time of the courts and the County Clerk and county various expenses. We shall endeavor to show that there is occa- sion for the statement made and that the office as conducted should be done away with. “Public officials generally are closely watched and their acts condemned or approved by the public, whose every day life brings them more or less into contact with the officlals. It seems, however, that the Public Admyjnistra- tor, whose dealings are with the es- tateg of the deceased, is not subject to this watchfulness—no one seems to in- terest himself sufficiently to- inquire into his methods. REFERS TO “INIQUITY.” “We urge that that which we report and our recommendation receive your consideration. The Judges of the Su- perior Court should be apprised of the true conditions. The bar and the public should be acquainted with the facts that an iniquity may be overcome. We do not refer to the present official alone, but to all. “The business of the office does not pass from one Public Administrator to his successor as it should and as does the business of other offices. Indeed, we find causes that are still being ad- ministered” upon by an ex-Public Ad- ministrator that were opened as f: back. as 1893. . ,“From the facts disclosed we have at times thought that there.may have beén collusion between the Public. Ad- ministrator through his attorneys with the department of the Superior Court to which his cases were assigned, but " Continued on Page 2, Column 2. The leader of the Rurales decided not to risk a fight in the dim light of the | evening, fearing that the outlaws might escape in the darkness. Instead he posted his men in a picket line around the renegades’ camp to prevent their escape, and when the desperadoes arose at daybreak the next morning all three of them were shot down without quar- ter and before they could reach for their rifles, which had been at their sides during the night. The Ruralcs felt justified in thus dealing with the three worst men who have visited the border country in re- cent years. One of the men was a desperado of the worst type. His father was killed twelve years ago in fight with Mexican officers, and the son fol- lowed in the path made by the father —a trail of pillage and bloodshed. The Rurales knew that no quarter would be asked if the bandits had discovered that théy were surrounded, and no quarter was given. The whole troop fired in upon the outlaws and all three fell, pierced by a half dozen bullets. The bodies of the bandits were left where they had fallen. The Rurales did not take the trouble to bury them, believ- | ing that it would be an example to all of their calling to allow their bodies to bleach upon the hillside as they ha done in the cases of many travelers miners and prospectors who met death at thelr hands. ———————— WOMEN LAWYERS ARE BARRED IN ENGLAND House of Lords Decides That There | Is No Precedent for Admitting Female Attorneys. LONDON, Dec. 2.—The House of Lords has finally decided that women are debarred by their sex from being qualified lawyers in' this country. The question arcse on the appeal of a Lon- doner, Miss Bertha Cave, against the decision of the benchers of Grays Inn not to admit her as a student for the | purpose of being called to the bar. The court decided that there was no prece- dent for a woman’s admission to the Inn of Court and no reason to create a precedent. The benchers assert that the statutes of Grays Inn ignoregwom- en so absolutely as to'leave them no power to admit a woman. sl B R AN ‘Will Go to Roumania for 0il. BUCHAREST, Roumania, Dec. 2.— The Standard, Oil' Company has de- cided to develop the oil lands of Rou- mania. Its representative here to-day registered - a company in the local court. ———————— Many Deaths From Typhoid. BUTLER, Pa., Dec. 2—The typhoid fever record for the day is four deaths and fourteen new cases. republic of Panama is obtained; and, second, that for weasons of external safety it is indispensable to proceed with the greatest celerity to the consid- eration of the treaty, to the end that this, the principal obligation on the part of the United States, shall begin and be etficaciously_ fulfilled; and, third, that by this treaty the isthmian people consent to the opening of a canal and to its use for the benefit of the com- merce of all nations, thus realizing the dreams of all isthmians; ‘and, fourth, | that the junta of the provisional gov- ernment, formed by the unanimous will of the people of the republic; is | possessed of full sovereign powers over the isthmian tertitory, it is decreed that the treaty entered into at Washington on the 18th of November beween Phil- ippe Bunau-Varilla and Secretary John | Hay bé hereby approved.” ISTHMIANS ARE JOYOUS. The signing of the treafy was joy- | fully accepted by the people and there was no opposition of any na- | ture whatever. The members of the | provisional government are pleased | and gratified that the matter is now off their hands. The gold pen with which the treaty was signed was presented by the | members of the junta to Consul Gen- eral Gudger, with a letter expressing the pleasure the junta'felt in-making the gift. The letter contained many | complimentary remarks concerning the long and efficient service of the Consul General and ended by saying: “Should your Government, as some American papers have indicated, call | you to higher and mere intimate re- lations with the republic of Panama, it will be pleasing to us and meet with the hearty approval of the people.” There was a general jollification in Panama this evening over the signing of the treaty. Bands paraded the streets and fireworks were exploded. A great crowd assembled on the plaza | and marched to the Government pal- | ace, where it gave vent to its joy in cheers. A reception was held at the | palace, where many prominent per- sons made speeches, while the crowds | outside continued to cheer for the junta. The soldiers, who were all given leave from barracks, joined the merrymakers. There is every evidence that the signing of the treaty is an extremely popular event in Panama. AT 0 NEARING THE FINAL ACT. | Canal Treaty Will Go to the Senmate Before the Holidays. WASHINGTON, Dec. 2.—Secretary Hay has received a cablegram from | Consul General Gudger, saying "‘V the | canal treaty has been unaniméusly ap- | Continued on Page 2, Column @&