The San Francisco Call. Newspaper, January 14, 1904, Page 7

- THE SAN FRANCISCO ‘CALL, THURSDAY, JANUARY 14, 1904. MERCHANTS ASSOCIATION PRAYS TO COURT FOR AN ORDER ENJOINING JURORS STUDY THE SIGNATURE Important Testimony Given by the Handwriting Experts at Trial of Mrs. Martha Bowers —— A et s Mayor Schmitz in making wholesale SUPPLY MANY EXEMPLARS |removals among employes in the va- rious departments under its control. E z | There were present at the investi- 2 - i . D “'""'" 'Thflt Name Upon Pre | gation C. W. Slack, 1c- nting the scription, ““MecLaughlin, M. |ousted civil service employes; Franklin " y . 3 K. Lare, attorney for the Merchants’ | D.,” Was Defendant’s Work 2 A ¥ Bant’s Work | e e - e Board of Health, who had put the urs were taken up yester- jury®at the trial of Mrs. Bowers, charged with the husband. Martin L. Bow- n examining exemplars of the writing of the defendant made by ts Theodore Kytka and Carl Eis- immel to prove that she wrote the McLaughiin, M. D.,” to the pre- or ing for arsenic which it = defendant's sister, Mrs. n, presented and got the drug store on Fifth and ca D Joint Committee of Supervisors Begins Investigation of Health Board Affairs—Ruef Advises Chief Witness Not to Answer Questions. [ The joint Supervisors'’ Committee on | Finance and Health met yesterday and | began the investigation ordered by the | Board of Supervisors into the alleged violation of the civil service law by | the new Board of Health appointed by changes into effect, besides a number | of civil service eligibles, who had lost their positions. Abe Ruef informed the committee that he had been requested to repre- serit the Health Board f- the investi- gation instituted by the Supervisors. “I desire to state,” said Ruef, “that we waive any claim as to the legality of th.s investigation. There is a grave legal question involved as to the right of this committee to review the acts of the Health Board, but that body de- sires to aid in this investigation.” Deputy Health Officer Levy then pro- streets.” duced the records of the meeting of Kytka was the first to testify, January 9, at which the sweeping and he swore positively that the sig- | changes among the employes were car- mature “McLaughlin, M. D.,” was made | ried out. Levy read °the resolutions » defendant. Eisenchimmel also he same effect, but in cross- Attorney Frank there had been no at- tempt to forge the name of Dr. Mc- Laughlin, but to dieguise the bandwriting of the defendant. NO EFFORT TO DISGUIS! Kytka was asked if he did not tes- tify wt the Coroner’s inquest that there had been no attempt to disguise the handwriting on the prescription, and he replied that if the transcript said 80 it was wrong Mrs. Sadie Bowers, sister-in-law of the deceased, testified to having called defendant’s residence with her August 16 and subsequent Martin's death on August she detailed the condition of the |fice and he was removed. The inverse paiient. She denied that either she or |order of the standing of the men on he: husband had given Martin any | the eligible list was followed in remov- medicine, which was always given by ing them so far as I have any knowl- th efendant except once, when, at edge of the same, but if it has not been the request of the defendant, she gave | I suppose it can be modified. We re- Martin some. Her opped | tained the men deemed most efficient witl tient all o night, | upon revorts filed thereon.” A 23, and she and her husband | Ward declined to answe- a question wer ere all of the night of August | of Brandenstein as to the party from 24. Her husband went with Martin in | whom he had received information as | the nce to the German Hospital | t, the efficiency of the inspectors, on the g of August and she claiming, on Ruef’s advice, that jt was wes th vhen Martin died a privileged communication f~om trust- SEEN WITH LERVY. ed officials. r Martin died she told the de- £ SHIAC. that ‘thh;xee; DL 204 they went together to Service Commission provided that re. From there they ©mploves shall be laid off n the inverse ocery on Clementina street, | ©Tder of their appointment -.d not of where the defendant met their standing on the eligible list. and the three went from Ward said that, although four food ocn at Fifth and Clemen- abolishing the positions of secretary {and othors, also creating certain new positions, raising and rcducing the sal- aries of various employes, and declar- ing vacant a number of positions. Chairman D’'Ancona said that the first point to be inquired into would be \ the reason for reducing the number of food inspectors from eight to four, and whether the civil service rules had been complied with in so doing. GUIDED BY EFFICIENCY. “The Health Board in removing four inspectors,” said Dr. ~ ard, president of the board, who was on the stand all afternoon, “was guided by the efficien- cy of the incumbents. There was one food inspector, John Durham, who was doing clerical work in the general of- inspecters had been removed, the posi- tions of two milk inspectors had been ey had g Y had & Grink | reated, which had not yet been filled. that night. They left | It Was intended to appoint the milk = on and went to defemdant's |inspectors from the fcod inspectors’ list, h Defendant sent Lervy on a | Ward said. 2 message and witness left. The day that | Judge ck drew from “ard_ that Martin was taken to the German Hos- | Durham was removed for inefficiency, pit saw the defendant take some- | but the provision of the charter re- his bed and throw it un- In cross-examination she ad- at the request of the de- she had got a prescription filled rug at Fifth and Folsom m saloon-keeper at quiring written charges to be filed with the Civil Service Ccmmission against an inefficient employe had been disre- garded Slack stated that Food Inspectors Durham, Riordan, Mish and Mackey were removed and Lydon, Murphy, Sil- Fifs « treets, testified | Veira and Clashy were retained. al- o having seen Lervy and the defend- | though Durham and Riordan were ap- a gether in his saloon several times | pointed in 1901 and Silveira and Clashy and July, and Frank T. cer on Clementina street., i to having seen them often to- | case will go on this morn- in —————————— May Continue Litigation. in 1 Ward admitted that the sg- niority of service had been ignored in | making the removals, but said the four | remcved were less efficient. than the four retained. Replying to a question of Ruef, Ward | said that it was the intention of the board to obey the civil service law W. Hargren asserts that the Union | e e Ay P8 | who stood first on the eligible list, even Bas brom to recover damages | though they are less efficient than erefor. appears that civil suits | those belcw on the list. ag st him were instituted in thre DECLINES TO ANSWER. rts. He lost his /damage suit in Brandenstein wanted to know if erior Court, but he was sus- ! ywarq had seen any typewritien reso- vesterday by the Supreme |jutions relating to the removals before yd will get a new trial. The involved is $104. Each party | advised Ward not to answer the ques- to answer. “I object to this line of questionin; said Ruef, “as this investigation is re- solving itself into a direct attack on the Mayor and goes outside its prov- ince of ascertaining whether the civil service law has been violated.” “This board is not here to be dictated {to nor insulted by Mr. Ruef,” said Brandenstein. “He is here by courtesy of the committee and must confine him- self to parliamentary rules. We de- sire to keep the civil service system intact and we have a right to know if the Mayor had anything to do with . the remcvals.” “I never dictated to anybody,” said Ruef, “and I am the last man to insult anybody, even a Supervisor.” POLITICS NOT A FACTOR. Replying to a question regarding a conversation Dr. Ward had with ex- Secretary Emery and ex-Assistant Sec- retary Cameron, in which it is alleged the doctor said that they had sue- cumbed to the turn of the political wheel, Ward denied that he meant that politics was the cause of their removal. ‘Ward said that Louis Levy, who was | appointed deputy health officer, would perform the duties formerly fulfilled | by Durham, Emery, Cameron, Clerk | Stanton and Statistician Coffey. Ward said in answer to Judge Slack’s ques- tion that either Ruef or the Mayor had | vouched for Levy, but he did not re- | member which, and there was a gener- | al laugh. | Brandenstein wanted to know if | Levy, who filled five positions, was | designated as “Pooh.Bah,” and Ruef | replied that his title was “economizer of salaries.” ‘Ward stated that the board had abal- ished six sanitary inspectorships on the | eivil service list and had appointed four ‘insnemlng physicians in their stead, |who are nét civil service eligibles. jBrandenslein informed Ward that one | of the latter—Dr. Jackson—was a den- | tist, and Ward said thet fac. would be | sufficient ground for his removal. | . Ward =aid that larger d-‘ies were | desjgned for inspecting physicians, but | would not say that the sanitary in- ! spectors were inefficient, 1 ugh they | were not giving all their time to their | duties. which was deemed sufficient | ground fomtheir removal. Ward could | not remember who had suggested the names of Drs. Goodale, Jackson, Glover and Walsh for appointment as inspect- | ing physicians, * Attorney Lane drew from Dr. Ward that the Health Board, three of whom were new appointees, ~ 1d determined | the efficiency of the removed employes, but that Ward and Dr. Stinson had been on the board for some time and had pursued investigations on their own account. Dr. Ward admitted that he had not attended any of the meet- | ings of the board between April 1, 1902, and January 1, 1903, out of courtesy to the Mayor, against w:om proceedings had been issued by the board. “I did not attend any of the commit- tee meetings,” said Ward. “They were only ‘cinch’ committees, anyhow.” The removal of twenty-two civil ser- vice men out of twenty-three employes | removed was done only in the light of !efficiency and retrenchment, Ward said. J. D. Phelan asked Ward if he would | retreat from his position if it were shown to him that the charter had | been viclated in removing civil service men to make places for friends, and Ward said that his desire to comply with the charter was paramount to jersonal feelings. The investigation will be resumed this evening at 7:30 o'clock. > ANOTHER BAKER IS S| TO THE CITY HOSPITAL T ‘Neuly Appointed Breadmaker Cele- - brates His Political Rise and Allows Dough to Fall. | The City and County Hospital has and restore to their positions the men |a new baker in the person of Henry | Marquette, who succeeds A. Kopp, ap- pointed to the place by the Board of Health last Saturday. Kopp reported | for duty on Monday and the next day | he celebrated his political rise by get- { ting intoxicated. | Kopp hbad previously made the | the meeting of the Health Board. Ruef | dough for the day's bread, but in his | exhilarating condition he allowed it to ¥ robably spend many times that | tjon, becanse it was designed to put |fall and spoil, and it was necessary to sum the course of the long litiga- | the matter in a false light before the | purchase bread for the inmates from tion | public. Brandenstein wanted to know | outside bakeries. He was promptly A U LR Two New Policemen. Police Commissioners made | requisition vesterday on the Civil Ser. vice Commission for two eligibles on | the list of policemen, and the names of Frank P. Gunther and James H. Kennedy were certified for appoint- | ment. ! |if any suggestions had been received | gismissed by from Mayor Schmitz and A. Ruef, and the latter objected, as he was not a ublic official on trial. Brandenstein said he would show that the Mayor was instrumental in the framing of ‘the resolution, and asked Ward if he had received instructions from any one, but Ruef told Ward not ADVERTISEMENTS. A A A A THIS DESK Is of quartered oak— 50 inches long 32 inches deep 50 inches high IT HAS pigeon-hole boxes. , OTHEI 4-foot Flat Top Iievel panels and drawer fronts, two letter files, a card index drawer and six 4-foot Roll Top Desk 6-foot Standing Desk ”ESKS Drop Cabinet Typewriter Desk.. $18.00 Revolving Desk-Chair ......... 646-50 Mission St. SAN FRANCISCO. $13.50 $16.50 SI5. Desk $375 Warden Elbert, Marquette will now compound | staff of life for the institution. | —_———— An Odd Bureau. At the close of stock-taking at Patto- | sien’s, the big furniture, carpet and dra- | pery house, Sixteenth and Mission sts., | hundreds of odd bureaus in oak, mahog- | any and birdseye maple have been found among the immense stock. They are from the finest broken suits and are to | be sold at about half their value. e —————— Caught Stealing Eggs. | Richard Goodwin, second cook at | Bergman’s restaurant, 631 Clay street, and Thomas Gallagher, a laborer, were arrested yesterday morning by | Detective Egan and Policeman Flynn and booked at the City Prison on a charge of petty larceny. They are accused of stealing a box of eggs from the kitchen of the restaarant, which they had in their possession when ar- | rested. It was booked as evidence against them. ——— s | Murderer Gets New Trial. e Supreme Court granted a new trial yesterday to Richard Manoogian, who was convicted of murder in an interior county and sentenced to life imprisonment. His defense was that he was insane and the trial court re- fused to admit certain evidence sup- porting this contention. The Supreme Court holds that the evidence should have been admitted. —————— . Gives Medals to School Children. Mrs. Charles Holbrook, wife of the secretary of the Humane Society, has made arrangements to give silver medals to pupils of the public schools who write meritorious essays on sub- jects relating to the kind treatment of and the animals. The medals will be engraved | with the names of those who win them. i - HE action of the new Board of Health in dis- placing from positions several employes, who were appointed from the civil service list and against whom no charges of inefliclency were pre- sented in the manner prescribed by the charter, is the subject of investigation by the joint committee of Finance and |, Health of the Board of Super- visors. The inquiry, which began | at a session of the joint commit- tee yesterday, promises to take | a wide range. Pointed ques- tions were asked concerning the attitude of Mayor Schmitz and Abe Ruef. The latter was pres- ent by courtesy of the investi- | gating committee and advised Dr. Ward, a leading witness, not to reply to certain questions put ‘by Supervisor Brandenstein. The ousted employes were represent- ed at the sesslon of the joint committee by Charles W. Slack. The Merchants’ Association was | represented by Franklin K. Lanc. It is yet an open ques- tion whether the Mayor will recognize the right of a commit- tee of Supervisors to inquire into the causes which impelled him to assent to the dismissal of Health Department attaches. There was 2 meeting of the Merchants’ Assoclation last Tuesday evening. The opinion | was expressed that the recently reorganized Board of Public Works intended to remove many | civil service men. In view of | the danger the association di- rected its president, Frank J. Symmes, to appeal to the courts for an order enjoining the board agalinst such removals. The pe- tition for -the injunction was heard yesterday by Judge Sloss. He declined " to issue the re- straining order, but directed the I Commissioners of the Board of Public Works to appear in his ‘ court on Thursday, January 21, to show cause why the prayer | of the Merchants’ Association | should not be granted. In this proceeding the Mayor no doubt will - be ably represented by counsel. It is probable that a vigorous remonstrance against government by injunction will be submitted to the court. In the recent political campaign the | charges were freely made that | the Board of Works was top- heavy with bhigh-salaried at- taches. who rendered the city very little service of practical value. In a sense the inefliciency of the board was a municipal campaign issue and all the can- didates for the office of Mayor | promised to give the subject | special attention. - EMPLOYES N 10 INTERFERE Board of Works Decrees That No Subordinate Shall Help Friends to Escape Jury Duty DALy | A communication was recelved yes- terday by the Board of Public Works from J. W. Coffroth, secretary of the Superior Court, stating that at a meet- ing of the Superior Judges it was unanimously resolved that the head of each department of the municipal gov- ernment make it an imperative rule Judge Sloss Directs the Commissioners of Board of Public Works to Appear and Show Cause Why an Injunction Should Not Issue. Legal proceedings calculated to pre- vent the Board of Public Works from removing its employes and filling theip places with friends of the city ad- ministration were instituted yesterday by Frank J. Symmes, president of the Merchants’ Association. He filed an action for an injunction restraining the board from following in the footsteps of the Board of Health and discharg- ing the clerks and others employed by the board. When the suit was present- ed to Presiding Judge Kerrigan, he re- fused to issue the injunction prayed for and assigned the case to Judge | Sloss. The latter also refused to issue the injunction, but issued an order| directing the board to appear before him a week from to-morrow and show cause why the prayer of the complairi- ant should not be granted. The complaint contains the allega- tion that the Board of Works intends and will, unless prevented by tke court, | violate the charter provision govern- ing civil service, thereby doing irre- parable injury to the city government. 1t also recites that the board, unless re- strained, will, by its threatened action, cause a needless waste of funds by re- moving competent men and filling their places with men who will prove negli gent and incompetent. Symmes al- leges further that the removal of the men after the fashion set by the Board of Health, that is, by abolishing the po- | sitions and then creating them under a new name, is a lawless proceeding, in that it does not give the men threat- \ened with removal an opportunity to defend themselves and enter a protest, It is lawless, also, says Symmes, be- cause the charter provides that no one shall be removed without first having e FIFTEEN-YEAR-OLD GIRL IS SUFFOCATED BY GAS Pretty Ritta Roxburgh the Victim at Her Parents’ Home of a Mys- terious Accident. Pretty Ritta Roxburgh, a 15-year- old schoolgirl, residing with her pa- vents, Joseph and Clara Roxburgh, at 395 Guerrero street, was suffocated by - | illuminating gas in her bed some time during last Tuesday night. Her mother smelled the odor of gas at 6:30 o'clock vesterday morning and traced it to the girl's room.- The key of the burner was half turned and the girl was dead. Attached to the burner was a tube, which had been connected with a small gas heater that had been taken out of the room a few days ago. The parents are confident that Miss charges preferred against him in writ- ing and then only after an investiga- tion of the same. The firm of Wright & Wright i$ the association’s legal representative. For- mer City Attorney Franklin K. Lane is of counsel. SYMMES' COMPLAINT. Following are extracts from the com- plaint filed by Symmes! The plaintiff is informed and beileves, and therefcre alleges that the defendants lierein are about to, threaten to, and will unless re- strained by this honorabie court, in violation of the provisions of the charter with referenca | to the civil service, remove and discharge cer- tain deputies, clerks and employes uow em- ployed by said Board of Public Works who are in the classified civil service of suid city and | county. and who have been appointed under | sald rules, without cause and without writte: charges having been preferred aguiist Ui ! and withcut any opportunity afforded them to | be heard in their own defense. That the names | of the deputiee, clerks and employes absat (o | be removed by said defendants aforesaid are 18 nown to this plain That plaintiff is in- formed and believes, therefore allegas, that said defendants are about to, threaten to, and will unless restrained by this honorable court, | remove and discharge such deputles, clerks and employes above referred to, without cause and | without written charges preferred against them, l. id with no opportunity given them eard in their own defense, in violation cf tke provisions of the charter aforesald, under guise, Iulalk and cover of abolishing the respective of- | fices and places now held by such deputies, | clerks and _emplozes, and creating ne | different offices and places under new and dif- | ferent names and designations, which said new offices and places will have attached to them | the performance of the same or similar duties | mow attached to tire present and existing offices and places. | INJURE THE CITY. The plaintiff is informed and belicves, | thercfore alleges. |suid. and in ani employes s, after | new offices and -places upon ihe aboli | the cid offices and places, will @ll such offices |und places with new and other appointecs, deputies dejut.es. clerks and employes without examina- tior rrd in violation of the provisfuns of said | thureer, whereby sald defendant wiil = | ana t upon the public service per | are incompetent to perform the duties th | be assigned to them and will be Inattentiv | negligent in the performance of such duties, | from which great wast: will result and great extravagance will result and be induiged, re- | sulting in excessive financial loss to the cit | and ccunty, and increasing the burden of taxa tion upon the taxpayers thereof, to the indi- | vid#al damage of t plaintiff and to his great ‘\rrflmrfl!fle damage and injury. That in doing the acts and things aforesail | and in removing and in discharging the | ties, clerks and employes as aforesaid, ab ing the present offices and places and creatin new offices and places and flling sueh new of- fices and places with appointees in disregard to the nrovisicns of said charter, plaintiff is | Informed and believes and therefore alleges | that great and rious damage will be done to Ilhe public we: and the public at large and \(h? citizens, residents, eiectors, voters, property | owners and taxpayers of sald city and county will_suffer great and irreparable damage. ASKS FOR | _Plainti praye injury INJUNCTION. that this make an order enjoining s each and all cf them, from removing or du charging any of the deputics, clerks or em- | ployes now employed by them in the class!fio civil service of sald city and county except for | cause, and upon written cherges, and atier ax | opportunity “is afforded them to be heard in { their own ‘defense, in the manner and iuode as | provided in said charter. and ining raid de- bouoiabic eour. defendants, an it | fendants, and each and all o . from pass- Ritta's death was lhe‘re!ull of an ac- [ ing any resolutions abollshing of the offices cident, but Deputy Coroner Michael ;a]ml 1-lnc~ahho|x| by such clerks, deputies or em- 2 5 x | ployes with the purpose or inten: eredy Brown. was unable to discover .the | vigiating the provisics of saig and manner in which the accident oc- | from creating new offices or pimess. and fiiing such new offices or vlaces with e curred. without examination in violation cf the aterer One explanation suggested by the parents is that the girl while disrobing may have struck the key article of dress and turned it partly | open. They say that she retired in| good spirits at 10 o'clock on Tuesday | night and kissed them good night as | usual. | e FILIPINO BOY ROBS MAN | WHO BEFRIENDED HIM Sam Parrson Accused of Having Sto- | len a Ring and Coin From William Hay. Sam Parrson, a Filipino boy, was booked at the City Prison yesterday | by Detective Taylor and Policemz\ni Jordan on a charge of grand larceny. | It is alleged that he met William Hay, | of his department that no person serv- ing under him shall intercede either directly or indirectly to get citizens ex- cused from jury duty. The board de- cided to give notice to the heads of departments under its control to com- ply with the 'desire of the Superior Judges. The board referred to the City At- torney for his opinion as to whether Burnett place is one of the public streets of the city. A notice was served on the Union Trust Company agents for Mrs. Howard Coit to remove cer- tain fences on the street, but there is some disagreement between the prop- erty owners and the city as to the own- ership of Burnett place. James W. Reinfeld and H. F. Shee- han, foreman painters, filed a petition who arived on the steamer Sonoma, on Market street on Tuesday night and told Hay a “‘hard luck” story. Hay took him to his room at the Win chester House, that he might have lodging. When Hay awoke yesterday morn- | ing Parrson had dicappeared. He had stolen an opal ring from Hay's fin- ger and $16 50. Hay notified the po- lice and Parrson was soon under ar- rest. This is the same boy that, under the name of Sam Patterson, was arrested on June 30 by Deputy Marshal Gam- ble for robbing officers’ houses at the Presidio. He was not prosecuted ow- ing to Gamble having committed sui- cide after being arrested for complic- ity in the Chinese substitution cases. ——— . — Map Drawers Wanted. that all painters employed by the board be allowed to lay off each Saturday at 12 o'clock and that each receive a full day’'s pay therefor. The petition is pursuant to a resolution adopted by the Painters’ Union that painters ob- serve Saturday afternoon as a half holiday. It was the opinion of the board that under the charter the re- quest ‘could not be granted, but the petitioners will confer with the hoard ¢ next Saturday. The resignation of Thomas Reagan as inspector of street cleaning was ac- cepted. Commissioner Casey was ex- cused from voting. Reagan was grant- ed a leave of absence when he was ap- pointed Police Commissioner last Oc- tcber and now that he has been re- appointed Commissioner he resigned his old position.: A resolution was adopted ordering the repair of sidewalks on Natoma street, near Second; Dorland street, near Sanchez; Belcher street, near Duboce avenue, and Twentieth street, near Castro. . Resolutions under private and public contract were adopted for the doing of street work in various parts of the city. The City Engineer's map showing lands granted to the city for the ex- tension of Treat avenue was approved. The map showing the location of lands granted by the Spring Valley ‘Water Company for the improvement of Ocean avenue at its junction with Corbett avenue was approved. The award uf contracts for grading the new vest-house site and for the construction of a road leading thereto was postponed for one week. The low- est bid, from Edward Malley at $7872 90, estimated cost being $11,000. The The United States Civil Service Com- mission announces that an examina- | tion for cartographic draftsman will be held at San Francisco, February «24 and 25, to fill five vacancies in the po- sition of clerk, at from $900 to $1200 per annum, in the rural free delivery. service. In view of the difficulty whieh the commission has experienced in se- curing eligibles for this position, the ommission hopes that all persons who are qualified will apply for and enter this examination. Age limit, 20 years or over. Apply either to the United States Civil Service Commission, Wash- ington, D. C., or to the secretary of the Consolidated Board of Civil Service Examiners, 301 Jackson stréet, San Francisco, for application form 1312, which should be filed with the com- mission at Washington. SR R A er Tried and Convicted. H. J. Bruder was tried before a jury in Judge Lawlor’'s court yesterday on a charge of assault to murder and was convicted of assault with a deadly weapon. He will be sentenced on Saturday. Bruder, who was a dish- washer in Peterson's restaurant on Pine street, quarreled with George Demeny in the Optimo saloon on the morning of October 26. Demeny knocked Bruder down and Bruder shot him twice. ———————— Asks Damages for Ward’s Injuries. Laurence O'Connell, guardian of John O’Connell, sued the United Rail- roads yesterday for $30,000 damages for injuries received by his ward last August while he was operating a con- struction car. The guardian bases his suit 6n the ground that the company was criminally negligent in putting young O'Connell in charge of the car when his duties were supposed to be | sald provisions of the charter. - | UPHOLDS CIVIL SERVICE. w an | sociation said yesterday: At a vecial meeting of the board of the assoclation held Tuesday T among other things the recent tack unén civil service in this elty it was | unanimously decided that the Merchants™ As- | soctation would exert every effort to uphold the civil service in the city government, immediate action was of the association was requested to sue out an injuncticn azainst the Board of Public Works to prevent it from discharging or removing any civil service employes of the board without | bringing formal charges against them before | the Civil Serviee Commission and furnishing them an opportunity to be heard in their de- fense in the manner preseribed by the eivil service provisions of the charter Suit was flled this morning against . the noard by Frank J. Symmes, the president of the association, n appiication of Judge Sloss, to whom case was designed, he has declded to cite the members of the board to appear before him January 904, o’clock to make such showing they should not be permanently enj violating the provisions of the charter on clvil cervice. The president was also authorized to bring any other sults necessary to uphld civil ser: nd legal advice to this end is now being @ n. Former City and County Attorney Franklin K. Lane has been engaged as associate counsei 10 co-operate with the association’s attornes: BOARD RECEIVES ORDER. The contemvplated shake-up among the non-civil serviee employes of the Department of Works did not take place at yesterday's meetfng of the Board of Public Works. In blissful ig- | norance that the merchants had tak:n legal steps to prevent it from making changes, thé board decided to postpone | action in view of the investigation of the Health Board's wholesale removals, instituteq by the Board of Supervisors. The Board of Works did not even ap- point any new janitors, eighteen of whom are slated for appointment from the assembly districts on recommenda- tion of the Union Labor Party County Committee. The board adjourned un- til next Wednesday, so it is almost cer- tain that no changes will be made in the interim. and | folation cf the afore- | Secretary King of the Merchants’ As- | Wright & Wright, in prosecuting these | ISMISSAL OF ATTACHES ON CIVIL SERVICE LIST WHEEL NUMBER GIVES PROOF FormerDeputy Sheriff of Fresno County Says Skeleton Found in Pacheco Pass Is Porter's | | ) | | I {EVIDENCE VERY STRONG — Mystery of Years Is Cleared Up, but Sappesed Murder Is Still Not Explained R I { T. E. Jones of Fresno, who was form- | erly a Deputy Sheriff in Fresne Coun- | ty, is certain that the skeleton found | recently in Pacheco pass is that of T. F. Porter of Fresno. Porter left his Lome, which was in Mr. Jones’ house, in November, 1897. He was known to | have been in San Benito County di- | rectly afterward. He rode on the cars |to Los Banos. Then he mounted his ‘blvvcle and started off 4ooking for a | gcod hunting ground. Since then he has never been seen alive by any of his friends. After some days had passed and Por- ter did not return and nothing was heard about him the Typographical Union of Fresno engaged Jones to search for Porter. This search was un- availing. No trace was secured and | Jones was compelled to report that Por- | ter's absence was as much of a puzzle to him as it was to any other person. Since Porter went away Jones has had Porter's trunk, there being no claimant for it. This trunk is opened axd has on it a Yale lock, the key of which was carried away by Porter when he started out on his unfortunats | trip. By the skeleton that has been found in Pacheco pass there was dis- covered a key to a Yale lock. Much more significant, said Jones last even- ing in this city, is the fact that the number and make of the bicycle that { was found in Pacheco pass correspond | exactly with the description supplied by the bicycle agent in Fresno who sold | the bicycle to Porter. Jones has hunted | this matter up and has made sure of | this fact, so he says. As there was no reason known to his friends why Porter should have committed suicide Jones is convinced that a*murder has been committed, but | he has no information that leads him | to a definite suspicion as to the mur- | derer. Since Porter went away it has | been necessary, In the search for evi- |dence to locate him that his trunk skould be broken open. The trunk con- | taired nothing that would throw any | light on the matter in any way. B O S E—— REPRESENTATIVE MEN TO DISCUSS “FUTURE OF WAR.” | Unitarian Club Will Hear Arguments Between Warriors and Civilians at Ladies’ Night Dinner. “The Future of War” will be the | subject discussed at a gathgring of representative men and women of the city at the Palace Hotel Monday even- ing, when the ladies’ night dipner given by the Unitarian Club will take place The contentions between Japan and | Russia have suggested the war subject | for general discussion, which will be- gin with the Rev. Jay William Hud- I son's views on “Civilization Without War; Is It Desirable?” Warren Olney, Mayor of Oakland, will follow by sus- | taining the statement, “A Hundred Years From Now Ethical and Tech- nical Evolution Will Have Made War Improbable and Perhaps Impossible.” | General Woodruff will hold that “War | Will Be Possible Anywhere and at Any i Time During the Next Hundred | Years,” and General MacArthur wili | close the debate with his views on | “The Future of War.” —_——— Insurance Suit on Trial. The case of the Nome Lighterage and Transportation Company against the Frankfort Marine Accident Insur- ance Company is on trial in the United ! States Circuit Court before a jury. | The suit is to recover $2500 and inter- {est for insurance on the hull of the | schooner Catherine Sudden, which was | wrecked off the Alaskan coast about | two years ago. —_————————— | Consumers’ League. | The Consumers’ League will meet ion Friday at 2:30 p. m. in the parlor of the Golden Gateé Hall on Sutter street. Miss Lucille Baves and Mrs. John Swift will address the meeting. A full attendance is “de- sired, as many topics of vital interest will come up for discussion. 1 Trading .at ADVERTISEMENTS. Double and Cut Rates =T0-DAY No-Percentage DrugCo. 949-951 MARKET STREET. i it Stamps F A m the... P4