The San Francisco Call. Newspaper, December 4, 1903, Page 16

16 THE FRANCISCO CALL FRIDAY. DEC EMBER 4, 1903. HARBOR BOARD SHOWS DISAPPROVAL OF PRODUCE RING BY REVOKING PERMITS 0 Unlawful Combination, Forbidden Under Woodward Act, Causes Loss by Merchants of Privilege of Selling Perishable Goods on the State Wharves PR e S 3 The Board of Harbor Commissioners sterday revoked the permits pre-| usly ed ission houses in San Francisco perishable products on the State under the terms These firms nrflg | ty Woc this city iward law. If & Sons, 321 Davis street; L. Sea- | tena & Co., 104 Washington street; Mc- Donough & Runyon of 416 Davis street, | 3ros. of 415 Washington nd Wetmore B outcome of a hearing | Harbor Commission- | the Woodward This was the tuted t how ng observed by the commis- others doing business in | State’s wharves. The | > jissioners was to- d a tremendous sen- | in the section | men are nu- med mmission before the Commission- | m. At that hour | of men in the room. | minently connected | mmission business. There me others, who as citizens proceedings with the ex- views of the Com- | uld be developed. In this | disappointed The | et with denials relat- jurisdiction to act under the th refusals on the part of f permits to sell relative to f the legal provisions or agreements e and purchase of moved swiftly and earing vere | the rvance onspira t of the product adopted in which | permits of the been mentioned secretary of the cted to notify the chief must not be al- on the State’s was DENY VIOLATING LAW. | testimony was secured jves of the large whose representa- cited to appear. At the jceedings the board r th the following com- W. H Wolf, J. A | the great produce 4 demean both ¥ es and result In 1o | be given a be glad in bringin f judicial procedure, n industry as the e bus = State fs concerned REFUSES TO CONSIDER. Commissioner Kirkpatrick said, after | s had been read, that the board would | har refuse to consider the commu- | nication on the ground that the board | had a right to summon and examine, | at any time, any person holding the | rmit of the board to sell perishable | products on the State’s property. W. H. Wolf sat at the table with the Commissioners at the beginning of the proceedings. He was questioned by Attorney Davis for the Commissioners. | Wolf pleaded for time to put the case of the merchants on paper. Commis- sioners Spear and Kirkpatrick refused to wait. Commissioner Mackenzie was not present Mr. Wolf, have you at any 'time been party to any agreement, under- standing or conspiracy in the selling of | Oriental Goods ! At Wholesale Prices We Offer Our Entirc Extrs Fine Col Oriental Rugs! AND CURTAINS At 25 Per Cent Discount {,om regular retall prices. . ! 1 ] ‘ . ‘We are sole agents for JOHN CROSSLEY & SON'S CELEBRATED ENGLISH CARPETS iChas. M. Plum & Co. Cor. 9th and Market Sts. R e to four of the largest| | F FOUR COMM + ISSION-HOUSES X A TRUN AN BMES £ GrRAVES E2 < sONELS N TPEAR o880 C/a,vaflv/.’_’ CHPARLES a2 T C. AIRA POTRICHK. WA WorFm N LIFE SENTENCE FOR ANNA RO33 (Jury Finds Her Guilty of Murder and Fixes Penalty. strain Both Murderers of Mrs. Leroy. Oakland Office San Francisco Call, 1118 Broadway, Dee. 3. Anna .Ross, a white woman, who was charged with complicity in the murder of Elizabeth Leroy, colored, was found guilty of murder in the first degree and her punishment fixed at life imprisonment, by a jury this after- neon. Victor Walkirez, a negro, and her companion, was convicted of the ishment by a jury some weeks ago. The crime for which they must pay the penalty was committed at Golden Gate on May 5. colored woman, was killed and buried | | 1 11 L il il I ! 1 \ [ o, sir,” replied the commission merchant, “I don’t think so.” | “You don’t think so? Then there is a doubt in your mind? “No, I know that I have not,” Wolf then re lied “Since the issuance of your permit have you been party to any conspiracy agreement understanding whereby vou refused to buy from any one per- ishable goods on the State wharves?” asked Davis “I have put my position on paper and I think that I ought to be granted the | time I ask,” replied Wolf. | “Have you refused to sell to any one perishable goods on the State | wharves? “1 decline to answer on the ground | that I have stated my case on paper.” “Then, Mr. Welf, you refuse to an- questions? We have not had proper time | our cage before the commis- | to put sion.” “Youwhave had a Kirkpatrick. Wolf was then excused and John G. Wetmore of the firm of Wetmore Bros. was placed on the stand. He de- nied that he had sold goods on ' the State property in violation of the law. Outside of what had taken place on State property he declined to testify. Commissioner Kirkpatrick then asked “Did_ you eell perishable products at the store and send men to get the goods on the wharf?" ‘ r, T have not?" replied Wolf. Wetmore pleaded for more time in which to present the case and refused | to answer the same questions that| Wolf did. He was excused. GIANNINI TESTIFIES. A. P. Giannini, vice president of the firm of L. Scatena'& Co., testified that | his firm had never been guilty of re- | fusing to sell to any solvent purchaser or of refusing to buy of any one on ac- count of his affiliation or non-afiliation | with any association. He also denied | that he had ever made a deal at his | store and then delivered the goods from the wharves. | A. J. Runyon of the firm of Mec- Donough & Runyon followed Giannini on the stand. He said: ““There is'no! charge against me, and I refuse to an- swer any question regarding my busi- ness transactions on or off State prop~ erty. I don't want to answer a general charge. Unless specific - charges are preferred against me I refuse to an- swer any questions.” Commissioner Kirkptarick then told Runyon that the law gave the commis- sion the power to compel the holders of permits to appear for hearing before the board after giving them due natice. The section of the law in question was then read, as follows: “In case of Violation of his agreement by the holder of any permit, the Board of State Harbor Commissioners upon a | hearing, after giving due notice to all parties concerned and finding the fact of such violation, shall revoke and can- cel the permit, and shall not issue a new permit to the offending party ex- cept upon a new execution of the agreement herein set forth and the payment of a fee of $50, and the right to receive a mew permit shall rest in the discretion of said Board of State Harbor Commissioners.” Runyon was excused, and John G. Polito of 512 Valencia street, secretary of the Retail Fruit Dealers’ Associa- tion of San Francisco, was placed onl week’s time,” said the #tand. | the preceding witnesses. | of the association. | commiss | etor of the Standard Produce and Poul- | Polito said: | “I have been cited to appear here, and as we have asked no permits of yaur' board and do not sell on the wharves! I don't see that the commission has | any right to inquire into the business | Therefore I refus?J to mnswer any questions. I know noth- | ing of any combine such as has been | referred to.” | Commissioner Kirkpatrick in reply to | Polito’s statement said: “Your argu-. ment is not good ground for refusal to | answer questions. A man might be a{ witness in a murder trial, or may have | killed a man, and still say that he knew rothing about the case. That woulrl‘ not stop the trial.’ Commissioner Spear then asked: “Do you know of any violation whereby the | on men refused to 1 perish- | able goods to any one on State prop- erty?” | “I do not think so, whether the per- son belonged to the Retail Fruit Deal- ers’ Association or not,” was the reply. or refused to buy?” “No.” GRAVES’' AFFIDAVIT. A long affidavit had been filed by J. Graves of 122 Ninth street, Druprl-l N. try Company. The substance of the | affidavit was that he opened his place for trade on November 21 iast, but that he had not been able to procure any stock of fruits or vezetables to séll owing to the refusal of the whole- sale houses to sell them to him, not- withstanding that he was able and willing to pay the market prices pre- vailing and that he was not denfed goods because of any question of being able to meet his accounts.. He called between the 15th and 18th of ‘Novem- ber, so he deposed, on L. Scatena & Co., and applied to Mr. Hahley, man- ager of the house, for goods and was informed by Hanley that as he (Graves) was not a member of the Re- tall Fruit Dealers’ Association he (Han- ley) could not sell the desired fruit and vegetables, as the retallers’ associa- tion would not permit sales to those who held no card of membership. - The same experience, so deposed Graves, met him at the wholesale houses of Von Husen & .Co. and Ivancovich & Co. and at Garcia & Maggini’'s store. In part the affidavit of Graves was as follows: It was explained to me by the wholesalers T spoke to that no commission house in the city would let.me have goods, and that it would be necessary for me-to join the association before 1 could think of engaging in the produce busi- ness in San Francisco. 1 was advised by these esale merchants to seek a membership in the assoclation, and all expressed eagerness to supply my store as soon ag 1 could confsrm to the agreements between themiselves and’the retailers. z I therefore went to a meeting. of .the Retail Fruit Dealers’ Assoclation, held in Native Sons' Hall, on Mason street, to apply for. ad- mission to the association. 1 appeared before the organization while it was in session. “The T WwErIIoRE A GLANII TN CLECAE = g - —~ | TWO MEMBERS OF THE STATE BOARD OF HARBOR COMMISSIONERS, WHO YESTERDAY REVOKED THE LICENSES OF FOUR WHOLESALE HOUSES, AND REPRESENTATIVES OF THE LATTER WHO AP- PEARED BEFORE THE BOARD. 3 — : o | perishable goods on the wharves ofl Commisgioner Spear asked Polito the 1 then sald that- I would open my business | this city?” asked Attorney Davis | same questions that had been put to|an¥how, and that, if necessary, I would g0 10 tpnig place into a c Oakland to proc The stocks of met fruits and | the re my vegetables threat | was with statement that steps would be taken to boy- | cott me over there, and the declaration was | sternly made that the assoclation would see to it that I did not succeed in cafrying on the produce business at 122 Ninth street, so | Jong as my trade would interfere with that of any member of the assoclation whose stand | was within a k of mine | The result been that I sm prevented from carrying on the fruit and vegetable branch of my business. 1 can obtain no stocks in these lines ‘owing to the rigordus Leen establish-4° againet me. boycott that has When Graves was put on the witness stand he declared that he was willing to let the affidavit stand as against| Scatena & Co, | CRANE'S TESTIMONY. W. P. Crane, restaurant man of 538 Sixth street, testified that he had tried to start a fruit stand during the | a month of September ana was refused | goods by the commission merchants of | this city. | “Why,"” he said, .1 went down with | $100 in my pocket to purchase the stock | and met with a refusal to sell all along | the line” Crame . mentioned several | names of those who refused to sell him | goods and among them were the firms | of -L. Scatena & Co., 104 Washington | street; J. Ivancovich & Co., 209 Wash- ington street, and Mitchell & Goodall, | 308 Washington street. Crane stated | that his dealings were in the city and | not on the wharves, but cited his case merely to show the existence of a com- bine. He was told when he went to purchase the goods that he could not | open a fruit store in the block picked | out by him as there was anather man there already who was a member of the assoclation. He was refused ad- mission to the association. Commissioner Spear said that they would instruct the attorney of the board to take evidence from the retail men and such other evidence as could be secured and prefer specific charges against the commission men for a vio- lation of the Woodward law and serve summons on them citing them to ap- pear next Monday. P Commissioner Kirkpatrick objected to this plan and said: “I think that we have a right to revoke permits un- der the provisions of the permits which give us the right to nquire into the methods of the produce dealers using the State wharves. If they refuse to be examined we have the right to re- voke the permits.” Mr. Spear agreed to Mr. Kirkpat- rick’s ruling, and the provisions of the application for a permit were read. They are as follows: T (or we), expecting to receive consignments of perishable products to be delivered by car- rier on the wharves or other property of the State of California in the city and county of n Francisco, and desiring to dispose of the me before removal, hereby make application for a permit to be valid for one year from date of issue, to sell perishable products on sald wharves or other State property. In consideration of the receipt of such permit I (or we) promise to faithfully observe dll of secretary, whose name 1 believe to be Polito, and the treasurer of the assoclation, whose name I do not know, acted as spokesmen in making reply to my petition. They announced that it was utterly impossible for me to be- come a member for the reason that the store of one of the members of the assoclation was located within 400 feet of my proposed place; that under no conditions would I be allowed to open @ stand across the street, as I was seek- ing to do, from one aiready established and owned by a member of the assoclation. 1 offered to present a petition from a great majority of the people living in the vicinity of my store, asking that I be allowed to start my business there, The reply was that no such effort, or any other, would be of avail. the regulations which are or may be prescribed Ly the. State. Bourd of Harbor Commissioners in regard to such sales, and in particular I (or we) agree that I (or we) will not during the life of such permit he a party to any con- ! spiracy, agreément or understanding whereby | I (or we) shall refuse to sell to any solvent pur- | chaser or buy from any person Wwhatever, and 1 (or we) agree that I (or we) will sell impar- tially and at‘the same prices to all who desire ! to purchase for cash, without regard to their business or ‘intended disposition of the prod- ucts, and will exercise no diserimination what- under her home, Ross informed the police. Walkirez was captured at Hollister after several days’ search. While she admitted see- | \ ing the murder committed, the woman | | denied that she tgok any part in it and sald it was done against her will. Both are young yet, neither being 30 years of age. It was by the informa- tion Anna Ross gave to the police that Walkirez was captured and later by her evidence that he was convicted. She did what she could to have him | hanged and he retaliated when her | trial came on and made his testimony against her as strong as possible. A | number of notes written by them that | | were intercepted while they were both | being held in jail also helped make the | case strong against her. She will be sent to San Quentin, as there are no women at Folsom. —_——— A Visit to San Francisco Without seeing the Diamond Palace would be like visiting Europe without seeing Paris. It is a leading feature of San Francisco, and is conceded to be the most beautiful jewelry store in the world. Visitors or purchasers are equally welcome. 221 Montgomery street, be- tween Bush and Pine. . @ il te bl @) applied for, whereupgn I (or we) agree to sur- render the same, and I (or we) agree that the Board of State Harbor Commissioners shall be the sole judges of the.fact of such violation, I | (or we) having had a hearing in the matter. COWDERY PROTESTS. i J. F. Cowdery, an attorney, rose to be heard. Commissioner Spear as to who he was. the attorney became very indignant and said that as an American citizen | he had a right to be heard. Commissioner Spear explained that it was only customary to gain a person’s | name before allowing him to talk. | Quiet was restorcd and the attorney ! was allowed to speak. - He said: “I protest against the attempt to turn | sartroom. 1 speak for the consumers—the people who are being robbed every day by this pro- duce combine. It is not right to force any man to prefer charges against this combine. As soon as he does this he | is boycotted and loses his position. It is not for the small dealers to prefer the charges. It is for you Commission- ers to act i J. Witt of 25 Elgin place made a plea for the produce dealers and tried to explain that the prices of fruits and vegetables could méver be fixed, as the supply was changing every day. y‘The supply, be it large or small, fixes the prices on these goods,” said he. The board then adjourned to the ex- | | ecutive chambers with its attorney and Commissioner returned in ten minutes. Spear said: “After a due consideration we have adopted a resolution revoking the per- | mits of Wolf & Sons, L. Scatena & Co., McDonough & Runven and Wetmore Bros. J. A. Eveleth, whose name ap- pears among those summoned, .having no vermit, is beyond the jurisdiction of the board. The secretary will be | instructed to notify the chief wharf- inger, and the proper officers under him t will see that these firms do no more | business on the wharves of the State.” Attorney Davis, for the Commission- | ers in regard to the board’s action, | when asked if the Commissioners would | pursue the same course in all cases of | a like nature said: ‘It appears by the board’s action that it intends to treat all violators of the Woodward law the same.” | William H. Wolf of Wolf & Sons in speaking for the produce dealers who lost their permits said: “I think we cught to be allowed to state our side of the case in writing so that we do| not get all mixed up. We've got to do | business. I can't say just what course we shall pursue at present. Iam go-] ing away for a few days and on my | return will endeavor to regain our per- mit.” \ ADVERTISEMENTS. CHICKERING ) PIANOS | have long ago solved the piano question {o the music | lover. The most scientific | | Iabor has produced a work ‘ of arl which cannot be im- E proved upon. { Faultless in Tone. Perfect in Workmanship. i, CURTAZ & 5o (SOLE AGENTS| 16 O’Farrell St., SAN FRANCISCO. 8an Jose, Fresno, ever between buyers and sellers, by reason of thelr occupatioh, affiliations or non-affillations. I (or we) also agree that in case of violation this .agreement the Board of State Harbor ‘ommissioners may revoke the permit hereby Alareda, Stocktor San Quentin’s Walls to Re- same crime and given the same pun- | Mrs. Leroy, an aged | A month later Anna | | In reply to a question from | | company had figured | at the City Prison on a charge of petty JOE ROSENBERG'S. | | Some in fancy costum ings and hats. S(000 samples, of how we will them: DOLLS. ! undressed. With bisque heads and natural blonde hair; fancy dress and Kate Castleton bonnet, 11 inches in length. Sample price. 4e DOLLS. | With pretty bisque head, dimples and teeth; fancy dress, with lace epaulettes; hat to match; also sh and stockings; 11 inches long. Sam | PIE BSOS S0y i s »o 7 s <2 18¢ DOLLS. 20 inches long, with an extra f { bisque face. Irish blue eyes and | black curly hair; twilled s. | dressed with Queen Louise h | lace trimmed and embroidered yoke Marie Antoinette bonnet, lace and ribbon trimmed; also shoes and stockings. Sample price.. SOe DOLLS. Dressed in near silk. trimmed with Breton lace! Fleutina hat, also lace trimmed. shoes and stockings to match the dress; 23 inches long Sample price 20¢ Child’s Hose. | Made of Sea Island cotton; stainless and fast black; jersey ribbed, elastic and medium weight i all es. At the Price Cutter's for A pair 10e Child’s Vests, Made of soft hed yarn, -jersey knit. high n k and long sleeve the perfect-fitting kind. In gray or white. PANTS to match, French band, ankle length. Price .. . A garment 25¢ POLLS 1 You will be proud of yourself as an > economical shopper if you take advan- tage of these offerings. are no two alike. We bought them at a v discount and of course our patrons will profit by it. JOE ROSENBERG 816 Market Street and 11 O'Farrell Sireet, Phelan Building. THE GOOD KIND Price. A sample line, of which Mmere They are dres u others plain; all have h::udmme hich we only enumerats a few to show DOLLS. Satin dress, made in D. brocade. 1so la trimmed; pink satin P ished with Marg: s long. Sample price.. Dressed in sil . cloth: Dolly trimmed; also v DOLLS. 15 inches long: dre plque cloth poke bonnet, > trimmed; also shoes and Sample price DOLLS. inches long. satin brocaded dre oke, waist; Panze nd os. trich feath Sample price . s ade » £1.00 Children’s Combination Suits, The Mentor ma r hetter hig neck. ML length; patent dr y or white. kind. Large and small sizes..350¢ Children’s Gowns. Made of steam-shrunk flannelette yoke collar. In pink and blue stripes. Large and small sizes ceseenee S50e What Others Advertise You Will Find We Sell frles.cooone, RUSHING THE WORK ON SALT LAKE ROAD J. Ross Clark’Snys the Labor Forcu‘ Will Soon Number Five Thou- sand Men. J. Ross Clark, vice president of the | San Pedro, Los Angeles and Salt Lake | | Railroad, is at the Palace Hotel, hav- ing just returned from Salt Lake where he was engaged in business con- | nected with the company. While dis- | cussing the progress being made in | the construction work from the Salt Lake end of the new line last evening | he said: “Unless. some unforeseen obstacle | arises the prediction made by Senator Clark recently that the road will be finished a year from next February | will certainly be fulfilled. Work is to | be rushed this winter and with that putpose in view we have been incre: th ing our force of men all along route. I was in Calientes several day go and there they had already ished sixteen miles of grading and the | tracks had been laid for abot seven miles. The mechanical track layer had begun operations, and when I left it was laying rails at the rate of about | 5200 feet a day. “There is no snow below Calientes and the conditions are very favorable | for men to work throughout the entire winter. At present there are about 600 men and 100 horses engaged there and by the end of December we expect to increase the force of men to between 1200 and 1500. During January, Febru- ary and March the company will prob- ably have 5000 men working at various points along the route of the road, | especially in the desert sections, where | the heat of the summer makes labor difficult.” | Regarding l:m recent disclosures of fraud in the right-of-way department of the road Mr. Clark said that the | that its losses, | resulting from the crooked transac- | tions of its employes, amounted to $7700. The suspected officials had been forced to resign and no further trou- ble is expected. S e X Sailor Wields a XKnife. James Michens, a colored sailor, was arrested last night by Patrolmen Skain and O'Brien and booked on a charge of an assault with a deadly weapon. During an altercation over a ivoman in Maps’ saloon, 439 Pacific street, Michens slashed Joe Williams, also colored, with a pocketknife. Williams received the knife thrust in the back and a leather belt he ware no doubt saved him from serious injury. His assailant made several attempts to stab him and as a result his clothing was cut in several places. Williams repaired to the Harbor Hospital for treatmeént and was able to leave the institution unassisted after having his wounds dressed. e = Wanted Another Waist. John Burton and William Rell went into C. P. Kelly's store, 217 Grant av- enue, yesterday afternoon and pur- chased a silk waist. As they were leaving, Burton quietly took another waist and shoved it under his over- coat. The act was observed and he and Rell were detained till Policeman Jordan arrived. Burton was booked larceny. When Rell was searched, a skeleton key was found in his pocket and he was booked for having it in his possession. The police say that Rell is a clever manipuldtor of siot ma- chines, using a piece. of wire to ob- tain their contents. ——————— Everything that is new, good and mod- | erate priced in trunks, valises, dress suit cases, traveling sets. pocketbooks and wrist bags for the Holiday trade now on sale. All leather goods lettered in gold free of charge. Sanborn, Vail & Co. * ADVERTISEMENTS. ing. “GOOD RANCH EGG! a tender and fine flavor; dozenm, 93¢ : QUART ALAD OIL, i3e. STER RAISINS, 3 Ibs.. T rge Fresno regular ARCHAND SAR . 40c CAN a0ec. PAPER-SHELL ALMONDS, b 13¢ ___Best large, meaty Almonds; worth 20c MAMMOTH MIXED 20c POUND 18e. NUTS MONOFOLE CHAMPAGN “PINTS 40¢ WORCESTERSHIRE SAUCE, ° bots 250 Genuine J. Marshall & Co.; regular size a8 W LIMA BEANS ND Se. FANCY MIXED CAXES, \ an Bisca IMPERIAL BRANDY, FULL Q SWEET WINES, Eisen, sal 8-year Port . Ang regular $1 GIN—00c BOTTLE WHISKIES— Monogram Rye Old McBrayer, $4.30 ga SATURDAY NIGHT ONLY. BEST ENGLISHE WALNUTS, Ib.... This quality elsewhere 20c. SOLID PACK TOMATOES, 4 cans.. Regular 10e: large cans e_Toma ‘ SUGAR PEAS, Barly June, 3 cans.. 280 140 1001 FILLMORE ST. W9 TAYLOR ST “GAFE LANGHAM, 144 Mason Street, Opens Saturday, December Sth. CAHEN BROS.. Proprletor:' ] |