The San Francisco Call. Newspaper, January 22, 1904, Page 11

THE SAN FRANCISCO CALL, FRIDAY, JANUARY 22, 1904. By - RAILROAD ln-unlcs That Compel All Court May Supreme Company Passenge AMES GETS NO Holder of Ticket Must Have Sleeper Coupon to Be itled to Ride on the Owl - icket is mot a contract, endered by the It is also »n companies regulations be- the face of a passengers must all. Two Justices sterday. sortatic L ars on the y with them court \n‘0< purchased from a n agent at the ferry a Z'v’l‘ Ls Angeles on the Owl train in November, 1890. He was informed that he must engage a berth n one of the sleepers. It happened be secured and the day coach. He rt Costa with instruc- xt train. He came o instead and t for damages. Superior Court re- | in favor of the cor- es appealed. nent is that a railroad tick- tract pure and simple. In ar nothing wgs said on the the ity of procuring passage on as s that a ticket is E ¢ipt than a contract. It that the company may impose al condit t may the p: enger is bound m. Justice Van Dyke is f the opinion and with es McFarland, Lorigan and ctly concur. writes a scathing dis- He asserts that t eagues is incon- merous authorities At one point 3 “I think it as never before been decided that the ulations of a railroad of greater potency than the land, and when incon- and contrary to a written into which the company has ntered are paramount thereto and sh the legal measure of the rights -s instead of the contract 3 > Shaw maintains that a rail- oad ticket is a contract and not a re- f Justice Beatty concurs tice Shaw. —_———————— CHINESE PLEADS GUILTY TO CHARGE OF ROBBERY Woo Sook, Alias Woo Sook Jim, sentenced to Serve Twelve Years in Folsom Penitentiary. Sook, alias Woo Sook Jim, 1 guilty in Judge Lawlor’s court ay to a charge of robbery and tenced to serve twelve years in penitentiary. He was one of hbinders who broke 6 Dupont street on 1902, and, after a with the proprietors 1 uring which Wong See ng. the complaining witness, was sly wounded. they fled with their Two of them were arrested afterward and were tried, con- i sentenced. Woo Sook was n Portland about five months Is t of May ks, time of Woo Sook’s prelimi- ation in Judge Cabaniss’ attorneys claimed that the Six Companies had posted a ation throughout Chinatown ng all Chinese who would Woo Sook’s favor with dire and the presidents were cited o appear in court. Woo Sook’s attor- neys said that they could not get any sses to testify for him and that the reason for his plea of g\.\llly ———— ENTERS ROOM BY USING A CONVENIENT LADDER wi William Noon, ex-Convict and Polam Peddler, Is Arrested on a Charge of Burglary. William Noon, an ex-convict and potato peddler, was booked at the] City Prison yesterday by Policemen Hurd and Pearl on a charge of bur- gls Noon is accused of having en- tered the lodging-house of Mrs. An nie Carr, 502 Post street, late Wed nesday night and forcing open and ransacking a small trunk. He also attempted to force open a closet door. After Jeaving the Carr lodging- house he crossed climbed up a ladder to the room of Charles Henser in the lodging-house 502 Mason street. The noise made by him in opening the window attract- ed the attention of H. Asher, another roomer, and when he went to inves- | which was broken in his de- Mrs. Carr heard the noise and Noon going downstairs. In his 1anded to Hurd and Pearl. In the ts they found a “jmmy.” cers were informed that a man was on O'Farrell street, found Noon and placed him arrest. He was identified by - Purchases Crippled Horse. Supervisors’ Committee on met yesterday and directed tment of Electricity to buy horse instead of one pur- used for $200, which.was found to be cr 1d unfit for use. The was bought from M. Marx and ked to take the horse back another horse he wil two e depar cest mor nt, even €f they should than $200. —_————— Sues for Damages for Injuries. © Hanford, who was run over a wagon driven by an employe of B. Youns, the baker, last October, sued Young vesterday for $5600 dam- ages for the injuries she sustained. The accident occurred at of Bush and Polk streets. s to Purchase Berths DAMAGES | Also | t from the opinion of a | was guaranteed. The it- the courtyard and | Noon retreated by way of the | he threw off his coat, which was | 3 o'clock vesterday morning | ore wil! be purchased by ! the cornerl HEALTH BOARD |SACREDNESS OF THE SMALL BOOK T0 BE TESTED IN THE COURTS " GAIN TSES AX l‘m-l:u-os Number of Positions in City Institutions Vacant and Then Appoints Suecessors INAMES NEW INSPECTORS Adopts Rules and Regulations for the Conduct of Central Office and County Hospital \ T The Board of ‘Health vesterday re- sumed - its official decapitation of em- ployes in various departments under its control and the appointment of suc- c SOTS to the vacancies thus created. | The following named were appointed | to fill positions, to take effect February 1, 1904: AImshOus!‘—JGFOph Riley, engineer, vice A. Cameron, removed: Thomas Reanly, mechanic, vice C. Melrose; J. Mayer. foreman baker, vice M. Crow- | ey; H. B. Crozt, cook, vice A. Hamil—[ 1; Joseph Gavigan, attendant, vice | E. Cuddy; C. T. McNamara. City Hospital—0. Ledwith, chief cook, vice R. Myatt; P. Piaggi, second cook, vice E. Gill; J. Sarsfield, fourth laun- dryman, vice O. Masterson; E. B. Bailey, waiter, vice O'Connor; J. Me- Grath, waiter, vice R. Harms. | The positione of ambulance drivers in | the Emergency hospitals held by J. Meisner, C. A. Dillory, A. Baker and T. Schlinck were declared vacant, and !J. Meisner, A. Baker, J. J. Flynn and D. C. Moriarity were appointed to thel vacancies. Julia M. Kane was appointed super- intendent of the Training School for nurses at the City Hospital, vice Mary Strand. Other appointments were: Josie Moynahan, ‘matron Emergency Hospital. James Reaney, factory inspector. T. A. Maguire, Thomas Kane and L L. David, disinfectors. Thomas T. Dolan, bakery, bath and | laundry inspector. ASSIGNMENTS OF WARDS. 4 The following assignments of wards in the City hospitals were made: | University of California—Wards C, D, O, E. Cooper Medical College—Wards L., J, K and a half of G. College of Physicians and Surgeons— Ward M, a half of H and a half of G. | Hahnemann Medical College—Ward | A, a half of B and a half of F. California Medical College—A half of | wards H and B. Maternity ward—A half of ward F for all schools. The rules for the Central office force, | inepectors and City Hospital were | | adopted. | The complaint of Inspector Hassler | that the Sixteenth street main sewer, between Folsom and Bryant, is choked | with mud, which may at any time be | the main factor of an epidemic, was re- | ferred to the Board of Works. | The following attending staff from the College of Physicians and Surgeons was appointed to the City Hospital: Drs. F. W. Lux, F. Williams,r A. W. Morton, J. M. Stowell, Winslow An- derson, Sophie Kobicke, W. F. South- ard, A. Schloss, D. A. Hodghead, C. G. | Wilson, Louis Gross and J. M. Stowell. | DECLARES PLACE VACANT. The position of dairy inspector held | by E. D. O'Connor was declared vacant and E. C. Smith was appointed to the vacancy. The request of J. F. English that the | board pay for some plumbing which had been torn out of areas in the Chi- | nese district was denied. The charges against ex-Inspectors Hartley and Green of destroying public | records were dropped on the report of | a committee that the destruction con- gisted of the tearing of six unimpor- tant copies of letters out of the letter book. The resignation of Dr. B. F. McElroy as resident physician of the City and County Hospital was accepted. AR BOARD OF EDUCATION FORMS TWO NEW H. Low, teamster, vice CLASSES | | Provides Additional Accommodations for Pupils in Everett and Wash- ington Grammasr Schools, | The Board of Education yesterday formed two new classes, one in the | Everett Grammar School and one in the Washington Grammar. It was resolved to establish an un- | graded class in the Hancock School instead of the Adams School, and | Mrs. M. Steuart was appointed teacher of the class. Harvey J. Alexson was appointed | janitor of the Horace Mann School, vice M. J. Kerrigan, resigned, and | Patrick Power was elected janitor of the Jefferson School. vice Alexson. The following circular to teachers and principals was issued yesterday » | by Superintendent Langdon: | Principals will please send to this office at | once report on absences of teachers from in- stitute, giving mames of absentees. names of those tardy and the number of times absent or_trady. Principals will please report to this office the number of Japanese pupils In their re- | spective schools. Work for the St. Louls Exposition should he completed and sent to this office at once. There will be a grade meeting of the teach- ers of the sixth and seventh grades for In- struction in the use of the mew history in the Mission High School auditorium at 3:45 | Tuesday afternoon. January 26 There will be @ grade meeting of the teachers of the eighth grade for instruction In the use | of the new history in room 356 City Hall, at | 8:45 Thursday afternoon. January 28, S G BOARD OF WORKS WILL ! MAKE MORE REMOVALS | Changes to Be Ordered by Commis- cioner Schmitz at Once and Ratified Later. The Board of Public Works to-day | will make some more changes among |its employes by removing some and | appointing their successors. Action will be taken by President Schmitz, | which will be ratified by the board at inen Wednesday's meeting. The positions to be declared vacant are mainly minor ones under the con- trol of the board. Schmitz has the list of those to be removed already prepared. . The Board of Works filed its answer to the suit brought by F. J. Symmes to restrain it from making removals among its civil service employes. In its answer the board denies Symmes’ allegation that it intends to make the | pitiable condition and Police Ignore Bail Order Herth, Who Will Br tention in “Tanks” After Judge Allowed Bonds SRR SRR Chief of Police Wittman, Captain of Detectives Martin and the City and County of San Francisco are threatened with heavy damage suits as a result of the detention of a woman named Ger- trude Herth, who was compelled to spend Wednesday night and nearly all the forenoon of yesterday in a cell at the city prison, contrary to all the pro- visions of the constitution of the Uni- ted States relating to human liberty. She was one of two women taken into custody for the alleged stealing of a fur from a store at 113 Grant avenue. The other woman, Hattie Green by name, was formalily charged with the crime of petty larceny and released on $§200 cash bail. But there was no such good fortune for Mrs. Herth. She was locked up in what is technically known in police circles as the “tanks,” and the record of her detention was written on what is known as ‘“the small book,” which is such a sacred document that only the elect of the police force may gaze upon its sullied pages. During Wednesday evening Mrs. Herth’'s husband applied to Judge | Mogan for an order fixing bail in the case of his wife, and the amount of $100 in the case was exacted. When the order was presented to the Police De- partment, accompanied by an order of release from Judge Mogan, no record of the woman could be found. She was buried deeply in the detinue cells. The acting officials did go to the trouble of telephoning to Captain of Detec- tives Martin, who was at the Olympic Club. They told him ahout the order made by Judge Mogan fixing the bail for Mrs. Herth, and he told them that if the woman was charged on the pub- lic records with any crime to accept the order; if she were not, to disregard it. Judge Mogan, who issued the order of release, said yesterday: ‘“In my official capacity I take no cognizance of a ‘small book.” As far as I know, every offense is bailable, except murder. Per- sonal liberty 1s the greatest right ac- corded to citizens of the United States, and the proposition of securing surety to enforce this is the basis of all Eng- lish and American law, in order that personal detention may not be enforced from malicious complaints. When I issued the order for Gertrude Herth's release on $100° bail T did so on repre- sentations that I fully believed, in my judicial capacity. Why she was not released I cannot understand. ‘When Captain Martin was asked about the detention of Mrs! Heath, he | sparred for a time, and then stated that |in his opinion and from what he learned from his detectives both women were notorious shoplifters. He said that the reason for the detention of Mrs. Herth was that the depart- ment wished to have her photograph. | He finally admitted that if he had been personally present he would have al- | lowed Mrs. Herth's release on the order issued by Judge Mogan. Mrs. Herth and her husband, Frank Herth, strenuously deny that either :flne of them has done anything unlaw- | ful during life. They have em- ployed counsel and say they will make a finish fight in a civil suit for the wrongful detention of the woman. Francisco Rossi and Gionani Fossa were on preliminary trial for the mur- der of Vincenso Lavaginino before Judge Conlan yesterday. They are ac- cused of beating Lavagnino into a leaving him leaning against a fence on Lombard street and Van Ness avenue. From the effects of the injuries Lavaginino took an voyage into eternity and a charge of murder was lodged against his al- leged assailants. A peculiar witness was on the stand yesterday, who laid claim to the name of Olympio Dezini. The witness testi- fied that on the night of the alleged crime he had left his bed for a stroll and met a woman on Van Ness avenue who asked for a cigarette. With' the chivalry of an Italian gentleman he ac- commodated the “loidy.” His reminis- cences were vague and weak, although he remembered everything connected with the murder. Judge Conlan was somewhat anxious on the memory proposition, and he took the witness in hand himself. He asked if there still lingered in the brain of the witness any remembrance of what she looked like, whether she was tall or short, what color of gown she wore and various other interroga- in Case of Mrs. Gertrude ing Damage Suit for De- tories that might establish identity. To all of these the witness returned vague answers. Finally the Judge became im- patient and blurted out the question, “Was this woman white or black?” The witness confessed he was unable to say what her color was, although he admitted he had been in her company for more than fifteen minutes. Still he could clearly remember that during his talk with the woman he saw | Rossi, Fossa and a brother of the latter carrying the unconscious form of La- | vaginino and leaning it up against a fence at Lombard street and Van Ness avenue. Judge Conlan did not care to discuss the case, which was continued until Monday, but the impression made | by the first witness for the prosecution was clearly not favorable. As many as the courtroom would hold of the Ttalian | colony of the city crowded into its nar- row precincts during the hearing of | the case and the odor of garlic and red | wine has forever impregnated the walls of the courtroom. It took about one-tenth of a second for Judge Fritz to make up his mind in regard to the complaint of forgery against Coleman Conroy, a saloon- keeper at 215 Third street. The defend- ant was dismissed without a showing. The complaining witness was a man | who gave his name as Hugh Hayes. | His real name is Patrick Hayes, He | was suspiciously careful in all the evi- dence he gave and told a remarkable story of how a hardworking man had | been bunkoed by a merciless saloon- | keeper. His story was entirely too specious for scrutiny and his appear- ance was against him. He refused to | answer a question as to whether he had ; ever been convicted of a felony until ordered to do so by the Judge. Then he coyly alimitted to one term. An investigation of Hayes' criminal record is somewhat interesting. He | began his career in 1867, when he was | arrested for burglary in this city and | sent to Folsom for one year. In 1869 | he was convicted of robbery and sen- ténced to San Quentin for five years. | As soon as he emerged he stole a grip! and went to the County Jail for thirty days. In September, 1874, he spent 100 | days in the County Jail for battery. | The following year he went to Folsom | on a charge of burglary for two years | and three months. On his release he | committed the crime of grand larceny in Colusa County and went to San| Quentin for three years. When he was | released he invaded the peaceful pre- cinets of San Francisco and committed the crime of battery, for which he| served six months in the County Jail. In the last week of December, 1881, he was convicted of petty larceny, with a prior conviction, and sent to San Quentin for two and a half years. After his release the Sacramento au- | thorities got hold of him and sent him to Folsom on a burglary charge for two years. When he was released in 1887 he went to San Jose and commit- ted grand larceny, for which he re- ceived a sentence of five years in Fol- som. He was discharged in Septem- ber, 1900. Now he is sitting at the feet of the | in the golden days of his youth, and | seeking to claim what he never lost, to the detriment of an honest man. John Morrissey was convicted by Judge Conlan yesterday for selling liquor without a license. Morrissey con- ducts a joint on Mission street, and he told the Judge that his eyes were bad, so that when he gave a policeman a drink of whisky he thought it was | cider. He was really surprised that | there was any whisky on the prem- | ises. Judge Conlan’s temperature went up 9 degrees during the narration, and the policeman, new to his trade, nearly made a rough house in the court. arose in his wrath and declared that he knew whisky when he tasted it, which was probably true. William Gerber, whose 70 years give | M. O’Connor, and Assistant District At- | son street, and one of {and saw him. Goddess of Justice. whom he spurned | giger the advisability of taking the | doubt the most remarkable one ever | she was taken by a Deputy Sheriff to | the branch county jail. him the appearance of a man leaning over the outer edge of eternity, was sentenced by Judge Cabaniss yesterday to five months in the County Jail for passing fictitious checks. The com- plaining witness was Mrs. Kate Jun- gers, who has a resort for the extin- guishment of thirst for those who do their training in Golden Gate Park. Altogether Gerber imposed on the wom- an for $90 by fictitious drafts. He has | been previously convicted of similar of- i fenses within the last two years. . — removals or violate the charter in any particular. Attorney John B. Gartland will appear with A. Ruef in defense of the suit. ———— PERMITS CITY OFFICIALS TO ENTER ANY THEATER Ordinance Favored by Fire Commit- tee Provides for Constant Inspec- tion of Playhouses. The Supervisors’ Fire Committee yesterday recommended the incor- poration of an additional section in the theater ordinance providing that the Mayor, Supervisors, Works Com- missioners, City Architect, Building Inspectors and attaches of the Fire and Police departments shall at any time be privileged to enter any theater to asceriain if the ordinance is being complied with. The committee reported in favor of the ordinance providing for the con- struction of ground floor pipe casing holes through the first floors of build- ings as a protection against fire. Assistant Fire Chief Dougherty spoke in favor of automatic sprinklers as against the perforated system on the ground that there was too much responsibility placed on firemen with the latter system. A test of the sys- tem will be made in: the Spring Valley Water Works yards on Bryant street, near Fourth, to-day at 2 o'clock. The Street Committee yesterday re- ported in favor of street work on Her- mann street, between Buclanan and Market; Twenty-sixth street, between Guerrero and Dolores; Bryant street, between Twenty-first and Twenty-sec- ond; Twenty-first street, between Bry- ant and York, and Dupont street, be- tween Sacramento and California, at a cost of $2000, and the reduction of \ sidewalk widths on Clement street, from Tenth to Thirty-third avenues. John D. McGilvray was granted per- mission to lay a spur track on Town- send street, between Seventh and Eighth. The Board of Works was requested to prepare a map showing the lines of the property of the Union Oil Com- pany, which has applied for a spur track privilege on Illinois street. ST PR SCHOOL DIRECTOR WALSH HOST AT DUCK DINNER Entertains Friends With Result of Bag Limit Made by Attorney Steve Costello. School Director Lawrence F. Walsh entertained several of his friends with a duck dinner at his home on Belve- dere street Wednesday night. The ducks served were a goodly portion of a bag of sixty made by Attorney Steve Costello on the Rio Vista marshes on the day previous. Costello had sup- posedly exceeded the legal limit, but escaped the meshes of the law by proving to the satisfaction of the Game Warden that ten ?t the ducks were geese. Costello’s escape on a technicality did not interfere with the appetite of the diners in the discussion of the ducks and accompanying dishes. Topics bearing on political and social economics were also d inter- estingly by the guests, who included Superior Judge William P. Lawlor, Colonel James H. O'Brien, Dr. John Gallagher, George Gallagher, Steve Costello and Eugene Beauce. ] Gas heaters, formerly $4.50, now $2.50, at San W@mmh pany, 415 street, e ANOTHER TRIAL Jury Impnneled in Judge Law- lor's Court to Hear the Case of Ex-Policeman Alexander CHARGED WITH EXTORTION 2l WAL Seandal That Caused an JIp- ‘heaval in Police Cireles Will Be Again Ventilated e 1 A jury was impaneled in Judge Law- lor's court vesterday for the second | trial of Ernest Alexander on the ! charge of extortion while a member of | the Police Department. At the first trial, about four months ago, the jury disagreed. The jurors impaneled yes- terday were Solomon Schloss, Marcus Franklin, William B. Wilshire, Cormac Carberry, Frank Elliott, Louis Hoeck-! ele, Matthew McCarty, William P.Lam- | bert, Charles C. Stallman, John T. | Hodges, Henry C. Muus and August Warnecke. The defendant is represent- | ed by Attorneys W. W..Foote and T | torney Ferral represents the people. | After the jury had been impaneled the | case was continued till this morning. Alexander’s suspension on December 4, 1902, followed by his arrest and the transfer of several officers on beats in the “tenderloin district” to other dis- | tricts, caused consternation in the de- partment. Chief Wittman had received | information that Alexander was ex- torting money from women of the half world who frequented his beat on Ma- them, Mamie Lin, alias Lulu Wilson, on the night of December 4, 1902, got $2 50 in marked coin from Chief Wittman to give to Alexander, as she admitted that she had been paying tribute to him for some time, but had refused to pay any | more and he had threatened to keep her off his beat. Between 11 and 12 o'clock that night Chief Wittman and Captain Martin stationed themselves in a window of a restaurant at Eddy and Mason streets the woman and Alexander ; meet on the opposite side of the street. | They saw her pass something to Alex- | ander after they had conversed for | about a minute and she left. Captain Martin brought Alexander before the | Chief and the marked coin was found in Alexander’'s pockets. He was at once | suspended. Altheugh the woman gave her testi- mony at the preliminary hearing be- fore Police Judge Conlan, she positively | refused to testify at the trial before a | ordered into custody for contumacious conduct. Speculation is rife as to what | course she will pursue at the second trial. —_—e—————— BOWERS' CONVICTION ! GIVES SATISFACTION | District Attorney Will Consider Ad- | visability of Taking Her Sister's Case Before Grand Jury. Great satisfaction was felt yester- | day in the District Attorney’s office at | the conviction of Mrs. Martha E. Bow- ers by a jury in Judge Cook's court of | the charge of killing her husband by‘ administering arsenical poison to | The District Attorney will con- | MRS. case of Mrs. Zylphia Sutton, Mrs. | Bowers' sister, before the Grand Jury. She was jointly charged with Mrs. | Bowers, but at the conclusion of the preliminary examination before Po- lice Judge Cabaniss was discharged. | Mrs. Bowers remained in the City | Prison till yesterday afternoon, when She was vis- | ited by Mrs. Sutton, who remained | with her till the Deputy Sheriff ap- | peared. Mrs. Bowers had her face covered with a heavy black veil, | which protected her from the gaze of | a crowd that had gathered on the He | gjqewalk in front of the Hall of Jus- } rested on tice. She will appear on Saturday, Janu- | ary 30, to be formally sentenced to imprisonment for life, when her at- torneys will probably file a motion for a new trial. —_— e ——— AGARD LOSES STRUGGLE FOR SOME COUNTY COIN Supreme Court Removes Certain Pow- ers Granted Boards of Super- visors by Political Code. W. A. Agard lost a suit against Auditor Shaffer of San Diego County in the Supreme Court yesterday. The plaintiff prepared abstracts of mort- gages in the Recorder's office for the Assessor. His recompense was fixed by the Recorder and the Board of | Supervisors at $1304. The Auditor | refused to agree to the transaction ! and suit against him was commenced. | Section 3678 of the Political Code, which gives to boards of supervisors the power of fixing the compensation of county officials, is cited by Agard in support of his contention. Article 11, section 5 of the comstitution is cited by Auditor Shaffer in reply. It js found that the two laws conflict | and the court therefore declares the first mentioned invalid. - The decision is of considerable im- portance because it affects the finan-| cial status of county officers in various parts of the State. ' ———— HUMANE SOCIETY WILL TAKE CHARGE OF POUND Committee, Is Appointed to Confer ‘With Board of Supervisors as to Transfer. The trustees of the Humane So- ciety decided yesterday to accept-the offer of the Board of Supervisors to assume charge of the public pound. The institution will be conducted along the same lines as it was_when the society previously had control of it > B J. 8. Hutchinson, H. W. Thorp, I. B. Dalziel, J. A. can and G. W, Smith were appainted a committee to | confer with the of Supervisors in regard to the way in which the pound may be turned over to the soci- ' ety. As the matter stands another or- dinanece must be passed beron the transfer can take place. Secretary Holbrook reported that during the month of December 1668 abused animals had been afforded re- lief. The prosecutions numbered 17. | sioners had actea IREADY T0 FACE [LAWYERS CLOSE LONG ARGUMENT Case of the Commission Men Against the Harbor Board Submifted to Judge Sloss TAKEN UNDER ADVISEMENT | P SN BE Attorney McEnerney Tries to| Commissioners | Committed an Illegal Aet) Show That e The arguments in the case of Wet- more Bros. against the Board of Har- bor Commissioners for-a writ restrain- ing the board from revoking the per- mits of the firm came to a close yes- | terday afternoon in Judge Sloss’ court. | | The Judge took the case under ad- ' visement and will render a decision { possibly within the next two weeks. Attorney Garret McEnerney con- sumed a greater part of the day with | the closing argument for the plaintiff. | He commenced his speech as soon as | | Attorney General Webb concluded at 4. McEnerney devoted a deal of his | time to quoting references from va- rious decisions that have been handed | down in similar cases in this and other States. ‘When the case was called, the A!- torney General afose to conclude his | argument. After summing up the evi- [ 11:30 o’clock and held the floor till after V | | dence introduced by both sides, Webb | ! stated to the court that in his opinion | acted in the right in revoking the per- | mits of Wetmore Bros.. and that on such a showing there was really no | ground for an injunction. SAYS FIRM VIOLATED LAW. Webb sought to show where the | plaintiff had violated the law in many | instances and said that, specific charges had been made by the although no | | the Harbor Commissioners had demon- | strated beyond a doubt that they had | ‘ { f | Harbor Commissioners, still the charges | had been set forth clearly in a gen- eral way and there was sufficient evi- dence to show that the firm had vio- lated the law and abused the privilege which the Board of Harbor Commis- sioners had granted. Webb was followed by McEnerney, whose argument took up the remainder of the session. He sought to show that the Board of Harber Commis- illegally, beyond a doubt, in revoking the permit of Wet- more Bros., and based his claims on the fact that no specific charges had | | been filed against the firm. { jury in Judge Lawlor's court and was | MgEnerney even insinuated that the members of the firm were ignorant of the charges made against them, and | that when they were brought before | the board at the hearing held on De- cember 3'last the board introduced no evidence that would warrant the revo- | ca(ion of the firm's permit. | WHARVES PUBLIC PROPERTY. McEnerney stated that the wharves on which the commission men sold per- ishable property were the property of the peorle and merely held in trust for | them by the Board of Harbor Com- missioners, and that therefore the Har- bor Commissioners had no right to take such abrupt action or to act with- out giving due notice to the firm. He added that the case was without brought before a Judge in the Superior | | Court of San Francisco, inasmuch as | the defendants are seeking to press charges and that no evidence has been brought forth to show that the law has been violated in any particular in- stance. —_—— Is Sorry He Met Her. James E. Mars, who lives at the Winchester Hotel. met Della Clanc at the Olympia dance cific street, early yesterday morning. Subsequently Mars purse, containing $120, was missing. He notified the police and Della was ar- ‘harge of grand larceny. RAILWAY TRAVEL. A A\ Santafe CALIFORNIA LIMITED TO CHICACO LEAVES DAILY ot 9:30 a. m., through in 3 days, with diner and all trappings. burban Service, Standard Gaugs Etectr o u:,, l'nnclmnm—'l %5, 10:20. BRI B 38, 20, 1:45, 2055, 3:43, 4:43, B3 TICKET OFFICE—626 Market st. FERRY—Union Depot. foot of Market st MT. TAMALPAIS RAILWAY hall, 519 Pa- | discovered that his | mflm RAILWAY TRAVEL SOUTH ERN PAC! FIC Main Line, nml u( \hrku Strees ) .~ awmw Winters, lowmsey aud Sacre Vallejo, Napa, Caifsioze. Santa Rosa, Martiuez, San lZamon. . Kllil. le.mm Tracy, Lathrop. odesto, Merced. Fre Shnen . Suntuion, Hanford Viealia. Bakersfieid Niles, San Jose, Livermore, Stock- Oakdale. nora. Tuolumue and Angels Atiaatic Exprass—Omilen ¥ad n. Richmond, ~Martin Stazions Vailejo... v Los Anceies Passenger — Port Costa, Martinez, Byron, Tracy, Lathrop. Stockton. Mere: Eaymoud. Fresno, 7ord. Hayward. Niios and Way Stations. BacraIenio IVer SLEAETh. ... .mfi: Bentcia, Winters = Sacramenta. Wood Knights Laudiog, ] e Hayward, Xiies and Way Port _Costa. Martimez. Tracy. Lathrop. Modesto, Merced, Fresao and Way Sta tions beyond Port Costa. 5.30r Martfnez. Tracy. Stockton 400r Martinez.San Kamon. Val ejo, Napa, aliatogn, SantSRosa. ... 4.00» Xiles. Tracy. Stockton. Lodl 4.30v Hayward. Niles, Irvington, San 'Vt s.00r 353 5.00r 12 16.30¢ linyward: 6.00r Hayward. 9. 830 Omabha, St. Louis. Chicago Bast. Port Costa, Devicia, Sul sun, Elmirs, Davis, Sacramento, Rocklin, Aubarn, Colfax, Truckee, Boca, Reno, Wads worth, Winnemaces . .. 8,00 Valiefo. daity Vlfl; o, Kichmo 7iar Martinez and Way Stations 11258 8.C657 Oregon & Callfornin Express—Sac- ramento, Marysville. Redd! Portland, Pllel Sound and East. 8.55a .10 Hayward, Xiles and San Jose (Sun- day only) COAfiT L (Narrow Gauge). p S84 Newarkc u--.rvme. San Jose, clto. Boulaee Creek. Santa ., Bou New Almaden, Los Gatos, Fel wn. Boulder Creek, Santa Cruz aad Principal Way Stations .. +10.58a 4167 Newark. San Jose, Loouwwmd{ ‘8554 #tatios 10584 ay on: Way Stations. Re L ND H From S, nu)?cnwo. pwt of )hrln ni'""' 9:00 11:00 a4 1.00 3 lro- OAMD Foot l!ro-dwly—nll 10:00 4. 1200 200 4.00 r.x. °8-“%..m AN wrend surata” 'T'1 i San Jose and Way Stations. o anly), 8.004 The Conster—Stops only Sap_Jose, Gilroy_ (fonnection for Hollle ter), Pajaro, Castroville (con- mection to and from Momterey c Grove). Salinas. Saa uts Obispo. prineipa Sracions thence Surf (conaection for Lompoc), principal stations thence Santa Barbara.Sen Bussa- venurs, Saugus. Los Augeles. ., 0.008 San Joss. Tres Pinos. piioia, taCruz, Pacific Grove, Saltasa, f— Lats Obispo and b2 rincipel 3.007 Del Monte Express—Sant: San Jose, Del Monte, Monterey, Pacific Grove (connects at Sant Los. Gatos, and Principal Way Sta- » San Jose, (via n Clara) tions (except A- l&z l‘lJ.k-ld B oee; Gliroy.Sai geles, New Orleans, New York. Con- nects at Pajaro for Sants Crua l-l at Castroville M Pacitie .5 inn e e i, T -“M'M 'l‘l 0‘- Icnlo Park. Palo Alto. 207 San Jose and Stations. Palo Alto and Way Stations. south m'r-ncu)c‘o. Ifllh;:c. Bu: 1ingame. San ateo, | Mot San Carlos. Redwood, Fair Oska, s AT R B Il flel ountas - y ~ hm:e Bllfl filt‘ —‘ CALIFORNIA NORTHWESTERN RY. CO. LESSHEE SKN FRARCISUU ANu NuBTH PACIFIG RAILWAY COMPANY. T’ Fexy. Foct of Nnint Sietet: ll uao rda »zunmpu 1:60 and 11:30 p. m. l’l;;lgAa'él—! 9:30, 11:00 a. m.; 1:30, 3:30, 5.00, 6: