The San Francisco Call. Newspaper, December 13, 1903, Page 35

SAN FRANCISCO, SUNDAY, DECEMBER 13, 1908. " - SUPREME COURT SUSTAINS BY INFERENCE THE ACTS OF M 1 AVVOUNCES | ONDERFLL, SCOVERY! Dr. Jafifilfi Loeh Solves a Mystery of Disease. —_— Asserts That Alteration of | Serum Renders the Fiuid Toxic. sion Reached in Experiments With Sea Animals in Vari- folutions. —_— Office San Francisco Call a £ o | d th an; Loeb, “in ention of | the indi- they are > changes of individual logically ce within e can call s which , such as rythmi- se in the es and nerves the istilled water found that if the species | Gax be erred suddenly | from sea water into distilled water the | animal f the always ceases and sometimes animals are re- breathing b h If the tly after the cessation of ack into the sea watér they If about ten minutes or longer | recovery takes place. The the illed water the zbdominal ganglia which become in a short | A ble, and from this the n of the animal results At first Dr. Loeb was of ihe opinion that the entrance of the distilled water into the tissues was responsible for the fatal action; but he finds this idea restricted by the discovery that if the animals be transferred to a pure sugar solution of about the same osmotic ressure as that of sea water in which zey live the respiratory movements cease In about as short a time as in distilled water. In other words, a su- gar solution almost isdmotic with sea water is just as poisonous as distilled water. SCIENTIST'S CONCLUSION. this point Dr. Loeb states his nclusions to be as follows: causes | of e must @ v the following conclusions from these experiments ther the distilled water acts in & toxic way by entering into he tissues. in which case however, the tis- . msl must be just as permeable r as the distilied watér: or the of the dstilied water for Gam = Gdependent especially on the f3 at sits or joms diffuse from the animals tilled water. With this assump. be clear. without further dis. isosmotic or a dilute sugar as poisonous for the animal Whether the permeability layers of the cells is changed w decided by direct observation. striking demonstration ex- | periment was Dr. Loeb's discovery that | distilled water increases fn toxiclty if | all the salte contained in sea water, | with the exception of sodium chloride, | be added to it In the concentration in | which they are contained in sea water. For the more practicel uses of in- | vestigation Dr. Loeb proposes that the marine animals be divided into three groups according to their behavior to- | ward distilled water, the division to be | foliows: The first Eroup consists of forms for which | distilled water is entirely harmiess. To this group animals such as Fondulus beiong. The eggr of this animal do mot ewell if they are brought suddenly from sea water into distilled Continued on Page 41, Column 3. Another | April 30 of this year. - HE State’s highest tribunal declared yesterday in deciding a San Diego case exactly analagous to that of the Mayor against the survivors of the Phelan Board of Health that the city’s chief executive may remove at pleasure, ostensibly for cause, any official who holds his position by virtue of an appointment from the The judgment sustains the action of Mayor Schmitz in removing from office Doctors Baum, Williamson, Lewitt and Buckley. Politicians ex- A. Ruef, deny any intention of making wholesale re- Mayor’s chair. pect that Commissioners Casey and Hutton will also be ousted from office. Schmitz and his legal adviser, movals of appointive officers. AYOR SCHMITZ IN OUSTING DERELICT OFFICERS to murder, but when examined by the and in the sinking of the craft Joseph ;58 - — | + - *|Decision in a San | i Casey and Hutton|f ; H i MAYOR SCHMITZ IS | | y " ABE RUEF ASSERTS | |~ GRATIFIED T0 SEE Diego Case Ap- . Are in Danger MAYOR MAY REMOVE | | | ACTION SUSTAINED p“es to San | Of LOSing COUNTY OFFICIALS || PO 1ot ‘‘contemplate any. | : P .|| | FEEL highly gratified to see | | | wholesale removals, because | | Franc]sco_ IaCes_ 1 that the action of Mayor | | there is no necessity for such | Schmitz in removing the sur- | | action on my part. All I care = | vivors of the old Board of | | | to say is that the decision is Health and in suspending Ma- 1 | o s o e e « |{Makes Remowval of Lawyers Say Local | nom s been susaimea vy the practically indorses my course B z Supreme Court. Of course, in my attempt tc remove cer- | | the Phelan Board ‘ County Officers took an interest {8 the caswhen | | tain derelict officials, notably | | 1 | learned of its character a | the members of the Board of | | of Health Are Also Af- filed documents bearing on it. : Health appointed by my pre- | \ The decision also means that | | decessor in office. The decision | Le a] || the Mayor may remove county | | ‘ | £ officials a vided for in the | | | shows that I acted in accord- | als as prov h | | ance with the law as laid out in | |4 3 charter. I feel positive that | the charter and that I did not | | } there will not be any wholesale | overstep my authority in the | | | | removals or any that may be | least when I notified those of- ‘ | unnecessary. In view of this de- ‘ ficials that I had removed them | | [ | | cision and in spite of the judg- | | for cause. Injunctions were | ment of the Superior Court, the | served upon me and I.was pre- || ‘ members of the Board of Health vented from carrying out the i1 | | who have continued in office | | law as I understood it. I do not | | | since dismissal must now step | | think that I will take any un- | | down and out. It certainly & | due advantage which the deci- | | | | | makes the office of Mayor more sion may afford l-:m—na,vor | j | ::tocul:’cs’:lh::d 121;;5 hl(he:o | Schmit: the decision. N | en Col e y many, but | | g 2| he is elected in accordance with | | : | the terms of the cl}arler and has | | 4 11 just the powers that he has con- | i tended all along were his. | No one will be removed from | | HER SE\‘]‘EA CE Nl position by action of the Mayor | | { ! B unless there is a good and suf- i | ‘ ficient cause therefor. The Su- | N s dag |1 preme Court decision will prove - cttal | of great benefit in the proper Judge Cook ()rder‘s Mrs'. },.tm1 [ sit et e S i 8 Fitzgibbon Confined in San | | San Francisco.—A. Ruef on the | = | Quetin for Fourteen Years| | decision. | : ‘ & - " ] “How much did you say, Judge?” | | | queried Mrs. Etta Fitzgibbon when she ‘ ! | ¢ septenced by Judge Cook | | | vy morning to serve fourteen(‘ | T | years in San Quentin for assault to| ; WRECKS BARGEI commit murder. | < “Fourteen years,” replied the Judge. | ! fl.sflrJGUl@ | “What, forty year: 11 LAY | —_— “No, fourteen years,” and the Judge | | JUSTICE Vior = ed his voice. 5 o + WAL TER Night Watchman on a Craft yh, well, that ain’t so bad,” and 2| The Mayor of San Francisco may re- YAR DYKE | Moored at Blossom Roek| smile o spread the prisoner’s face. | move at pleasure all officers appointed & , P | i . y { | « Narrowly rowni s rf"g]f_““('!’;gflfff‘! f;:ng"“r:\‘:l‘flhy himself or his predecessors. The | | ¢ Narrowly Escapes Dro ng| e T S . dus operandi is to send a commu- | % 5 TR e | at her rooms at 873 Market street on | M0dus op! | May 3. When she came up for trial | Rication to the individual affected say- MEMBERS OF THE STATE SUPREME COURT WHO JOINED IN A DE- The dredging barge moored at before Judge Cook a question was |ing “You are removed for cause.” The CISION THAT HOLDS IN EFFECT THAT MAYOR SCHMITZ HAS Blossom Rock foundered on Friday | raised as to her sanity. Bhe was tried i proceeding is not subject to judicial re- POWER TO REMOVE MEMBERS OF MUNICIPAL BOARDS. right as a result of having her seams and convicted of the charge of assault | view. Such is the effect of a decision | s i3 = jarred open by a blast of dynamite Insanity Commissioners they declared that she was irresponsible and she was sent to the insane asylum at Napa on October 10 and sentence suspended. ast Tuesday Dr. Elmer E. Stone, dical superintendent at the asylum, t a certificate to Judge Cook that, his opinion, the woman was not in- Ithough a degenerate of the | type, and should be punished r crime. she appeared for sentence ed if she had anything to made a rambling statement > defended herself because she The Judge said it she st as being choked. had made. He thought when she was brought before him that she was not of sound mind he Commissioners found her so d sent her to an asylum, but the authorities of the asylum had sent her back. He said he thought they had better be there a little longer and know their busi- ness better before they undertook to set up their opinions against seyeral reputable physicians here. The woman had been restored to capacity, however, and he was satis- fied she was not a proper person to be at large. . —— e Grundman Jury Impaneled. The remaining five jurors were se- cured Friday afternoon in the case of Frank J. Grundman, charged with the murder of Sheridan C. Chipman at the offices of the Southern Pacific Company, Fourth and Townsend streets, on the afternoon of March 24. The trial will be commenced on Mon- day morning. The twelve jurors are D. W. Lohsen, 1812 Scott street;. J. Feigenbaum, 2713 Clay street; John A. Gill, 1573 Grove street; J. W. Al- len, 734 Capp street; Wolf Rosenberg, 2264 Franklin street; W. H. Jardine, | 2056 Van Ness avenue; H. Blum, 1310 Kearny street; Abraham Eber, 1021 Ellis street; John T. Welby, 445C Te- hama street; Jerome Kendall, 119 Valparaiso street; Walter Hinckley, 3708 Seventeenth street, and J. H. Stevens:' 310 Valencia street. e —————— Alleged Bunko Man Taken. Joseph Sylvester was arrested yes- terday afternoon by Detectives Ryan and Taylor and Patrolman Jim Cavan- augh on Kearny street and his name entered on the detinue book at the City Prison. ‘It is alleged that Syl- yester is one of a trio of bunko men that fleeced Luigi Bonfanti, a laborer from Redwood City, out of $700 on The crime was committed in Oakland. Sylvester will be taken to that city for trial ————— California calendars and.art souvenirs for the million. Sanborn, Vail & Co., 741 Market street - not the first assault of the kind she | rendered by the Supreme Court yester- day. . | The politicians are practically unan- | imous in the assertion that this means | that Drs. R. W. Baum, W. B. Lewitt |and V. P. Buckley, survivors of the | Phelan Board of Health; Michael Casey | of the Board of Public Works and H. | W, ! will be the first to get the ax. As the | decision distinctly states that the ap- ‘polnting power is vested not in the in- dividual, but in the office, other ap- pointees of ex-Mayor Phelan may also be turned out into the cold world. The court has thus greatly increased the autocracy of the government of San Francisco. Attorney Ruef assev- erated last night that county officers were also affected by the decision. The | opinion does not make any such state- | ment, though it leaves the question | open to argument or further litigation. The case on which the Supreme Court | decision is based had its origin in the | city of San Diego. When the points in- volved became known to local politi- cians Ruef intervened with a brief. The | whole thing has been done very quietly |find few outsiders had any idea that the !Incal dispute would be settled until a | decision had been rendered in the | Board of Health case. The opinion is | sweeping in its terms and not a Justice | dissents. 1 | REMOVES OFFICIAL. | Mayor Frank P. Frary of San Diego | sent a letter of dismisal to Fire Com- missioner E. J. Carter. The last named official thought the city’s chief execu- tive lacked the authority to take such action, and appealed to the courts | through a petition for a writ of certio- rari. The lower court denied his peti tion, and an appeal was taken to the | Supreme Court. § The language of the charters-of the municipalities of San Diego. and San Francisco happens to be practically identical in respect to the Mayor's pow- er to remove appointees for cause. It is stated in the charters that the Mayors shall appoint all officers whose election or appointment is not other- wise specifically provided for in the charters or by law; that they shall have power to remove, for cause, any persons holding office by their respec- tive nominations or appointments, and that in case of such removals written notices thereof shall be filed with the respective municipal legislative bodies. In view of this similarity in the pro- visions of the two charters the lawyers all agree that this decision in the San Diego case applies directly to San Francisco, and the Justices of the Su- preme Court were formally apprised of such contentions through the brief filed by Abe Ruef. The attorneys for Car- ter and amica curiae asserted that pub- | | | lic office is a property, which may mnot | Hutton of the Police C‘ommisslonI | be taken from any individual without | due process of law. Various legal opin- ions are quoted in support of this con- tention. COURT DISAGREES. The court refuses to entertain any such view of the case. of the claim that a public office is a property right, the Justices say: “There is no doubt that it is erroneous. A public office is a_mere public agency created by the people for the purpose of the administration of the necessary functions of organized society, and the agency may at any time be terminated by the power which created it.” The contestants also averred that the Mayor in removing an official ex- ercised judicial power with which he is not vested. The court admits that the aithority on this point is conflict- ing. In some cases it is adr.itted that the Mayor cannot remove an official without giving both a notice and a hearing. Where the Mayor appoints officials, however, he has the author- ity to remove them for cause, says the court. Otherwise, it is said, the judi- ciary would have to superifitend the administration of the executive depart- ment of government. Tt is explained that the appointments are made by the Mayor as an official and not as an individual, thus opening the way for the removal of municipal officers appointed by a predecessor. It is set forth clearly that the authority to dismiss an official for cause is vest- ed wholly in the office of Mayor, and: that his actions along such lines are not subject togreview. MUST STATE REASONS. He must, however, send a communi- cation to the- municipal legislative body giving notice of the removal and stating his reasons therefor. The City Council of San Dlego or the Board of Supervisors of San Francisco may not interfere, even if the removal is re- garded as unjust. The official who may be affected has no redress at law, according to the decision. The Mayor must send him a note ac-- quainting him with the fact that he is minus his position. He is not entitled why he has been removed. The court cedent proceeding. The removals, in the language of the Justices, must be “for cause,” but not necessarily “for cause shown.” So it is left entirely to the Mayor to deter- mine what shall constitute “cause.” In spegking| to a hearing and.may be left to guess the law on the subject is plain. A pe- tition for a rehearing and for a re- submission of the case to the court in bank will undoubtedly be filed by the ccntestants. Rehearings are rarely granted and more rarely is change of decision affected. Ruef contends that the court’s opin- | ion establishes the right of the Mayor }to remove county officers as well as { his own aprointees, and some of the | city's leading lawyers seem inclined to {agree with him. It would appear from | the argument that the >fayor has the | right at least to suspend county- offi- | cers in accordance with the charter | provisions. | . When Mayor Schmitz attempted to put County Clerk Mahony on the rack jand to throw the doctors appointed by | Phelan off the Board of Health he was stopped . by the courts. Thé Supreme | Court’s opinion shoWs that he acted | within his rights in the ,second case | and gives the inference that he was | right §n the first. | It is'not at all unlikely that Hutton will be sorry that he did not act as was expected of l-m(.r on the Police _Commlnilon. and that Casey may go |'back to his team ‘with the regret that he, like Caesar, became ‘‘amitious” when elevated to a high position. Some of Phelan’s appointees are also some- what alarmed, although the gratified Able Ruef declares that there will be no "unnece\uary" removals. —_—————— | WILL HOLD ADDITIONAL POLICEMAN'S EXAMINATION i Civil Service Commission Decides to Fill Up Exhausted Eligible List Next Month. The Civil Service Commission de- cided yesterday to hold an additional examination for positions of patrol- men in the Police Department on some date in the latter part of next month, yet to be selected. The com- mission ascertained that there are now but eight names on the eligible list of 'policemen and these are likely to be exhausted at any time by reason of ‘requisitions made by the Police Com- ‘mission. The Civil Service Commission is de- says that the Mayor's action in such® sirous of securing an eligible list of at cases is' summary and without ante- least 150 to be ready in case of any { emergency that may arise. The exact ‘date for the examination will be de- ‘cided upon at next Monday night's | meeting. At the same meeting' the commis- sion will issue the eligible list for cap- Every contention of the contestants is | tains in the Police Department. There knocked flat by the Justices in their|are two vacancies to be filled, accord- review of the case. |ing to Commissioner Rogers. One is ‘The opinion is written by Justice Lu- | to succeed the late Captain Birdsall cien Shaw, with whom Justices An- [and the other Captain Dunleavy, who gellottl and Van Dyke directly copeur. |is said to be desirous of retiring from No one dissents, which is evidence“that | active duty. 4 d Lupke, night watchman for the con- tractors, narrowly escaped death by | drowning. } ‘Wakefield & Co. have the contract | for removing enough off the top of | Blossom Rock to bring its highest | peak thirty feet below the level of low | water. The barge, which has been moored near the rock during the op- erations, was eqyipped with a dredg- ing derrick and diving gear. The divers, engineers and laborers engag- ed on the work were taken ashore each afternoon and the barge left in charge of Watchman Lupke. The contract was almost completed. Sougdings showed a depth of thirty | feet in all but one place and that | where stood a pinnacle of hard, ob- | stinate rock. Dredging had been slow work, but certain, and the orig- inai intention was to have dredged | away that remaining pinnacle. EMPLOYE HAS SCHEME. “I have a scheme for finishing this | job at one stroke,” announced an em- | ploye. He suggested dynamite and proved in theory that the explosive in a second ‘would do more than the dredger’s teeth could accomplish in a week. Previous experiments with giant powder had been disappointing, | but the enthusiasm of ,the man with | the idea prevaileq over the better judgment of the contrgctors. and a small charge of the explosive was loaded, under the employe’s direction, at the base of the pinnacle. The dynamite was exploded on Fri- day, just before the men left for the night. A great commotion followed | the explosion, the force of which | heeled. the barge on her beam ends. She righted and, being apparently none the worse for the ‘jar, the day workers went ashore. About 7 o'clock Lupke heard water | swishing in the hold. He rigged a small pump, but soon found its pow ers of suction all inadequate to cop with the flood that poured through the rapidly opening seams. The fast- er- he pumped the higher rose the water and when the deck began t look like a lake Lupke realized the seriousness of his predicament. H HAILS FISHERMAN. i A belated fishing boat just then hove in sight. Lupke hailed the fish- | erman and asked him to send assist- | ance from the shore. The fisherman | understood and notified C. A. McNeill, | the boatman, who dispatched a launch , to Lupke’s aid and at 9 o'clock the night watchman was rescued from the then waterlogged barge. The water was knee deep on deck ! when succor arrived, but the watch- man's physical discomfort was slight compared with his mental suffering. Help reached Lupke forty minutes after he hailed the fisherman, but to | abouts WED WHILE SLEEP LIES LPON CITY E. K. Clarke, ;\Well Known in San Franeisco Club Cireles, and Mrs. Rosalind Bower Mar- ried in Oakland at Midnight —_— | AROUSE CLERGYMAN AND CLERK FROM BED PP De Vows Taken With Only Official and Pastor Present and the Couple Hie Themselves Away to Ranch for Honeymoon P Members of the Bohemian and C:3- mos clubs who are wont to congregate | within the walls of those two exclusive | establishments during the late hours of the afternoons missed from their midst yesterday one of their associates in the person of Edward K. Clarke, but later their anxiety as to his where- was relieved by a startling piece of news which furnished food for pleasant gossip until long after night had cast its shroud upon the city. Clarke forsook his club haunts on Friday afternoon and crossed the bay to Oakland, where at a few minutes | after midnight yesterday he was mar- ried, the bride being Mrs. Rosalind H. Bower. Not the slightest intimation was given by Clarke to his many friends in this city of his matrimonial intentions. He quietly secured his wedding ring the previous day from a downtown jew- {elry firm, sauntered up to the Bohe- | mian Club, where he spent an hour or so, and then disappeared. Friday, by appointment, Mrs. Bower: and Clarke met in Oakland. Before they had real- ized the fact, however, the hour for closing the County Clerk’'s office had come and gone and as evening ad- vanced the couple began to appreciate their annoying perplexity, for without a license their marriage could not be performed. In the. midst of their di- lemma the prospective groom suddenly | thought of his friend, Ray Baker. the Deputy County Clerk of Alameda County, who was located shortly be- fore midnight*and gladly went to the asststance of the despairing pair. The trio immediately proceeded to the County Clerk’s office, where the license was quickly issued, and from there the | journey was made to the home of the Rev. Mr. Van de Mark at 319 Eleventh street, and the minister was aroused from his slumbers and told the mean- ing of the midnight visit. After a short wait he appeared and the cere- mony was duly performed. Clarke is the son of Mrs. Jeremiah Clarke, one of San Jose's well- known society women, who is now traveling in Europe. Her husband has been dead for many years, but he left a-large estate, and the son’s share was | in the neighborhood of $500,000. He has only recently returned from a tour through Europe himself. He was mar- ried in much the same way several years ago, but his wife died about a year ago, and this is his second ven- | ture. Mr. ard Mrs. Clarke have gone to | his Los Guilicos Valiey ranch in So= noma County to spend their honeye moon, at the ccnelusion of which they will return to this city to reside for the winter, preparatory to a trip East. —_——————— Burglars Still Active. Burglars that have been operating in the Western Addition still elude the detectives and Friday . night they broke into the residence of A. Reese at 1546 Waller street, and, in additio® to '$50 in coin, secured valuable jew= elry and clothing. The crime was committed while the family was absent at the theater. The saloon of Simpson & Neill was looted early yes- terday morning. The cash register was opened and $55 in cash taken. ———————— Ten Restaurants Closed. Only ten of the forty restaurants that closed their doors at the request of the Restaurant Keepers’ Assocla- tion are closed. A large number open- ed for business yesterday by permis- sion, but will not sign the agreement sent them by the union. No confer- ence was held yesterday. Those that opened agree to close again when: called upon by the assoclation. e jeieiniieinidiieieiieieib @ the marooned watchman the interval seemed more like forty hours. He was not sure that the fisherman had understood and this uncertain(y adde ed to the certainty that the barg® ¢ould not float much longer, gave af§ uncomfortable trend to his thoughts. An examination of the barge made yesterday showed that some of the rock from the blown up pinnacle had pierced her bottom. Soundings re- vealed a serious flaw in the dynamite advocate's theory. The pinnacle no longer existed as such, but in its de- struction the explosive had torn up rock in all directions and piled it in a towering cairn. ‘Where there had been only a small shaft to be dredged there is now a massive pile of debris, dll of which must be moved before Wakefleld & Co. can consider ‘the'r contract com pleted.