The San Francisco Call. Newspaper, February 28, 1904, Page 35

PAUL COWLES WILL CONTROL ~TOKIO BUREAU 7 CORZZ G sore 7 s - 8 RNALIST WHO WILL HANDLE NEWS FOR ASSO- < > T TOKIO. L et ST AT Capable Newspaper Man Leaves for Seat of War. ntendent the ssociated Orient on the - correspond- 1 with a wide ge and has r business all his in Chicago and the Tribune of is father was umber of years. the age of 21 isco and became dailies. part of his ity, working es and for the ewspaper t interval Associated F stablished a paper r and ran it ith su some time, when he sold © ck into city news- paper Agai service of the sesociated ¥ rose rapidly, ing scernment, and oocupied of night man- iger from 1897, when he was appointe dent of the entire Wes T including Alaska and th 1 Islands. The work of & ld with the handled by Cowles. Cowles was sent to Honolulu dur- ing the rebelli gainst Queen Liliuo- kalani.and faithfully and cleverly exe- with cuted the du supplying the wc tafls of t upon the him, full de- e there. k of the Russia Jap- anese W the Associated Pr de- cided to enlarge its news system and establish a bureau in Tokio, Japan. In looking about for a capable man to manage the office there Cowles’ worth was recognized and he was tempor- arily taken from his San Francisco of- fice to supervise the gathering and cabling of war news from the Orient. Cowles left the amer China yesterday ar at the seat of war as long as the > lasts. E. L. Powell, a former Francisco newspaper man and Associated Press representative at Chicago, will fll Cowles’ place while he is in the Orient. v WITNESSES IN DELAWARE ACCEPT TERMS OFFERED San District Attorney Advised They Will Be Here in Time for Trial of Mrs. Botkin. District Attorney Byington received a dispatch yesterday from Attorney Gen- eral Ward « Delaware that the wit- nesses in the Botkin murder case who ere he for compensation be- sides their tr cepted the ter Attorney. W eling expenses had ac- = offered by the District rd also asked for instruc- tions as to would be re- quired to leave s0 as to be In cadiness for giving their testimony at the trial, set for March 10. As it ed it will take two or apanel the jury, the tak- testimony will not begin till March 15 Someof the local Lesses e examined first, but the District Attroney is anxious to have all the witnesses here before he puts one on the stand. It is likely that the Delaware witnesses will arrive here on Saturday, March 1 Theodore Kytka, the handwriting expert, is pre- paring an elabor display of the ex- hibits ler his suvervision —_————— Will Give Masque Ball The members of the Young Men's Hebrew Association will celebrate the Jewish festival Purim giving a grand prize masquerade ball on Tues- day evening, March 1, at their hall, 1870 Page strech Pages 351043 | : 75 —_— ~— \ FRANCISCO, SUNDAY. FLEBRUARY ages 35to 4 RAWHIDE MINE 'MASK AND DAGGER SOCIETY PRESENTS | STRIKES: Bagx | -2 COMERXAT { balien i e Judge Morrow Is Asked to Enjoin Two of Tuolumne County’s Working Unions MOB VIOLENCE ALLEGED | heriff Sweeney and Justice of the Peace Opie Are Charged With Defendants —_— { 1 i i‘ United States Circuit Judge A\xom,w! was asked yesterday to interpose the strong arm of the law in protection of non-union miners employed or willing | | to be employed by the Rawhide Mining | Company, in Tuolumne County. A peti- | | tion was filed by the law firm of Rior- | dan, Lande & McClellan on behalf of | the Rawhide Gold Mining Company, In- corporated in West Virginia, asking ! that the officers, members. agents and servants of the Jamestown Miners’ Un- jon No. 185, Western Federation of Miners, and the Tuolumne Union No. Western Federation of Miners; Jus- | tice of the Peace James Opie and Wil- liam Sweeney, Sheriff of Tuolumne County, be forever enjoined from acts of riot, lawlessness and anarchy, al- leged to have been perpetrated against the property of the company and its employes. | It is alleged that the complainant is the owner of the Rawhide, A Hitch- |cock and Heslop mining ¢laims, in | Tuolumne County, near Jamestown, and that those properties are of the combined value of $2,000,000. Among the | defendants against whom the injunc- | tion is asked to issue are Charles Slo- niker, Mike Budinich, Nick Ski, Voli Stincovich, Milan Angelich, John Jovi- covich, C. Antonovich, Mike Bulich, George Cattich, Theodore Stirpsvich, Nick Miliovich, Domingo Guttevura, | Milan Vuckovitch, D. Vuckovitch, A. Katzun and Manuel Silva of the Tuol- umne union, and C. Treilub, Daniel O'Toole, A. Rufini, H. Shoveline, L. M Ludovich, George Mitchovich, Anton Charini, C. Perovich, N. Slyvocich, Tony Kesich, Narcus Honey and Andy Woodcock of the Jamestown Miners’ Union. | STRIKE FOR WAGES. | The complaint recites that on July| 3, 1903, a scale of wages higher than | that prevailing in the mines was de-i manded, and a strike was thereupon organized against the App mine. It is alleged further that these unmions or-| | ganized themselves inte an unlawful | conspiracy for the purpose of enforcing the strike and of compelling the com- plainant to accept the said scale, and to use an organized effort to injure the mining business and destroy its mines and other properties. It is averred that | | by reason of such unlawful acts the | App mine has been injured already to lan extent exceeding $100,000; that the | defendants have prevented the develor ment and operation of the mines b | making use of threats, intimidation, | violence and assaults, thereby causing the employes of the company to fear bodily injury. The further grave averments are| made that the Tuolumne Miners' Un- | jon has threatened to blow up the pipe line which runs from a ditch to the App mine and supplies that mine with water, without which it cannot be op- | erated at all; that both these unions | have organized themselves into large mobs and by force of arms have at-| tacked and asaulted non-union em- | | ployes of the complainant and warned | | them that if they persisted in the em- | ployment of the complainant they would be killed by the members of the union. It is charged also that many | of such workmen have been bruised | and wounded by the members of the last pamed union, and that such em- ployes are afraid to appear upon the premises. Other employés are lodged | upon the premises and their meals are | served to them upon the ground by servants of the company. | ARMED GUARDS HIRED. | | 1t is recited that because of these| lawless acts of violence and intimida- tion the complainant has been obliged | to hire armed guards at great expense to prevent the strikers from destroying | property and killing their workmen. | | Similar allegations are made against the Jamestown Miners’ Union. It is| stated in the complaint that these un-| |ions and the members thereof are in- | solvent and financially igresponsible; | | that the complainants are expending| | $25,000 per month on the mines, and | that they have been damaged already | to the extent of $500,000 by the James- | town Miners’ Union. P The act of the California Legislature, | approved March 30, 1903, entitled “An act to limit the meaning of the word | conspiracy and also the.use of restrain- | ing orders and injunctions” is attacked | as unconstitutional. It is averred that property without due process of law, and deprives it of the equal protection of the laws; that it is in cgntravention | of articles V and XIV of the amend- | ments to the constitution of the United | States, and is therefore null and void. The further averment is made that the complainant s invited to enter the jurisdiction of the State of Califor- nia upon its constitutional guarantee that it would receive the equal protec- tion of the law and have due process of {law, and in right and-justice ought to have and receive the same by the gen- eral laws of the State. It is contended that the said act does not regulate proceedings in equity in the courts of the United States. Judge Morrow issued a temporary restraining order. —_————— Log Cabin! “The bread with a flavor.” Ask | your dealer—wholesale—900 Dolores st. ¢ the act deprives the complainant of its ' MACDONOUGH THEATER| Woman Students of the University of California Wind Up Their Annual “The Jealous Celebration With 'an Wife,”’ Intelligent an Eighteenth Century Interpretation of Product & ( ALSES ARREST OF LOCAL ACENT French Wine Company Says Joseph Campbell Has Not “Accounted for His Sales £ AR ( Joseph Campbell Jr., local agent for a French champagne company, was arrested yvesterday-on a warrant Dentze of W' York repre- sentatives of the same concern, charg- ing him. with felony embezzlement. The charge grows out of Campbell's experiences on this coast in booming a wine in a field long at the instigation of Thomas Thompson & Dentze, comparatively new monopolized by the wines of rival companies. Campbell ame here about eighteen months ago. He soon realized that he had a difficult busi- ness undertaking before him and be- \ spending money with a rather lav- sh hand in order to force his wine on the local market and succeeded to some extent in accomplishing his ob- Jject. Three days ago, however, Dentze arrived here from New York and yesterday caused Campbell's ar- rest, alleging that the lo agent had appropriated certain proceeds derived from the sale of the wine, which should have been forwarded to the main agency in New York. Dentze, for a bgsis of his complaint, cites one instance where he claims Campbell d to the firm of Rathjen & Co. 0 worth of wine, for which he made no accounting to the Eastern agents, and is further alleged by Dentze that ampbell is guilty of other cases of a similar character. In fact he declares that nearly $9000 has not been accounted for by the com- pany’s representative in this city. When arrested yesterday Campbell made a statement to the effect that he is prepared to account for every bottle of the company’'s wine that has passed through his hands. In pushing the it | sale of his wine on the market here Campbell declares that it was neces- sary to distribute many bottles and oftentimes cases of the beverage free to consumers in order to create a pop- ular demand for it, which, he says, will readily explain away the discrepancy in the stock forwarded to him. His friends went to his rescue last evening and furnished bonds for his release from the Prison. Al ey Would Set Verdict Aside. Attorney T. S. Minot filed notice yes- terday that he would on March 4 make in Judge CooX'> court a motion to set aside a verdict for $1077 given by a jury in that court to Stephen Otis- against his client, John A, Walls. He claims ‘Walls was not z'lowed his day in court. The verdict was the result of a suit to recover on a promissory note. —_——————————— Approves of Free Flower Markets. The civic department of the Cali- fornia Club has adooted and forward- ed to the Board of Supervisors a reso- lution approving the proposed ordi- nance presented by the Merchants’ As- sociation providing for the establish- ment of free public flower markets. —_————— A. J. Rich, William Magee and T. F. McDermott have been appointed ap- praisers of the estate of Charles Doe. sued | e AVGUSTIN C. X2 AS MAIOX S Bl PRINCIPALS IN PLAY PRE- SENTED = BY MASK ' AND DAGGER . SOCIETY. { £ - — - BERKELEY, Feb. '27.—The second installmént “of woman's day; the educational institution for the women of the University of California. came to a close .to-night with the playing of “The Jealous Wife” at the Macdon- ough Theater in Oakland. It was pre- sented under the auspices of the Asso- ciated Women Students by the Mask and Dagger Society. 1In anticipation of an intelligent interpretation of George Coleman's eighteenth century comedy effort a large crowd filled the theater and laughed at the antics of the green-eyed monster. co- self-deceived woman. She would in- sist upon a riv; from the letté™% runaway young lady wrote to her husband’'s cousin, who carried the husband’s identical name. As the jealous wife Miss Eduarda of a woman ‘angered and heart- torn from the deceit of which she be- lieved her husband, poor Mr. Oakley, only too guilty. Emil Kruschke, as Mr. Oakley, was the picture of a hen- picked hushand, shaken and hurt by his unreasonable virago of a consort. THE CHARACTERS. Augustus C. Keane, as the rollick- ivice=giving bachelor, Major was fully in the spirit of the difficult part. Miss Tallulah Le Conte, as Harriet Russet, the mischief-mak- ing runaway of many loves and ad- visers, helped carry off the honors. The other parts were taken by John O’Connell, as Charles Oakley; Mark Daniels, as Lord Trinket; Frank Gil- lelen, as Mr. Russet; Howard Merrill, as Captain O’Cutter; Edwin Rust, as John; Miss Isabel McReynolds, . as Lady Freelove; Miss Ann Thacher, as Toinette, and Miss Adriane Lesser, as Henriette. The play was produced under the personal supervision-—of Milton H. Schwartz. Miss Martha Rice.and Miss Portia Ackerman composed the com- mittee of arrangements. Music was provided by the university orchestra, directed by Harding M. Kennedy. The Association of Collegiate Alumnae, the California branch. of the national organization of college grad- uate women, met in annual session to- day at the university. It was a most representative gathering, composed as it was of the alumnae of fourteen of the leading colleges of the United States, among them Vassar, Wellesley, I and she conjured one- as Sir Harry Beagle; Walter. de Leon, | | | | | Ratcliffe, Bryn Mawr and Chicago. | Naturally the alumnae of Stanford and California outnumbered the others, and these combined to make their si ters welcome. The senior class women of California assisted the Call(urnla! | graduates in entertaining and feasting | i the and all went gowned in | academic mortar-board. NTERTAIN VISITORS. The hosts of the day met their gugsts as they came off the trains this morn- ing at Berkeley station. They knew vigitors, the them all by their college colors, which adorned buttonholes and even hats. | The morning hours were spent in view- | Iing the sights of the campus, he Greek Theater, the new mining buifting and the botany building all coming in for their share of scrutiny. Luncheon was served at 1 o'clock in Hearst Hall, the guests sitting at two long tables on the lower floor. There were 105 guests. After the luncheon a meeting was held in the upper hall, Miss Katherine Chandler, president of the society, pre- siding. The address of welcome was de- | livered by Professor Alexis Lange of the English department of the Univer- sity of California. Professor L: spoke of the influence of the college- bred woman upon the educating work of ‘the university. Through her and | such organizations as the Alumnae As- saciation the work goes.on and on. She co-operates to keep the university mov- ing forward, keeps its children from drifting out of touch with their alma mater. He congratulated the associa- tion upon the selection of one of its members to a place as instructor in the nge University of California—Miss Jdpsica Peixotto. The address of Miss Chandler was statistical, dealing as it did with the present - condition of the association. | | There are now 176 graduate women of | the University of California in the gs- sociation and 101 from Stanford. Miss Peixotto followed with an ad- | dress on “The Work of the Association | of Collegiate Alumnae.” She confessed | herself not altogether familiar \ith | | | the work of the past, and so dealt brief- | “Thé Jealous Wife” was full of the | embitterments -and .acrimonies of a | Howard gave a very faithful imitation | ly with the duties of the various sub- | committees of the association. These | she said, indicated the noble purposes | of the association, \which had set out | to carry on a noble work. | The reception committee of the asso- ciatlon that directed the entertaimment of to-day consisted of Mrs. Bernard Moses, Mrs. Benjamin Ide Wheeler, | Mrs. Frederick Slate, Mrs. John G.| Howard, Mrs. Charles Slack and Mrs. Dr. Robinson. They were assisted by | the Misses Grace Foulds, Edith Evans, | Gertrude Davidson, Jessie Parke, Ma- | due Shaeffer, Alice Graham, Isa Hen- 'derson, Georgia Ratcliffe, Sadie Sturte- vant, Louise Bauer, Mabel Schofield, Jean McKay, Ruby Carver, Ida Nam- rer, Dahlia Spencer and Margaret Me- Geany. } | —_— e Japanese an‘d ITussian War. | Dr. M. C. Harris, for thirty years a resident of Japan, will give a lecture, free to the public, at the Young Men's | Christian Association, Mason and El streets, next Tuesday evening on “The Japanese.and Russian Conflict.” Jecture will be illustrated by several views from the canvas. Dr. Harris is an authority on the Eastern question. Some vears ago he was decorated by the Emperor of Japan for his services to the young men of the country. —_—————— May Sell Personal Property. City- Attorney Long advised method to be pursued in disposing of personal property of the department, whether at private or public sale, is entirely discretionary with the board named, there being no provision either in the general law or in the charter bearing upon the question. —_———— $10.00 Fine Bedroom: Suit for $6.00 This Wee! All this week at the PATTOSIEN'S the entire” line of $40.00 Bedroom Sets will be closed out for $6.00. at PATTO- | SIEN .COMPANY, corner Sixteenth and Mission streets. - | by | exact | one The | the | Board of Education yesterday that the | MAHONY GAINS HIRST POl Judge Cook Sustains the] Demurrer to Indictment| Against Ex-County Clerk| | et i, et {APPEAL WILL BE TAKEN I Court Decides That Pleading Was Insufficient, as It Did Not Give the Particulars —— to the indictment of charging Albert B. with pre- claim The the Grand Jury Mahony,: ex-County senting a false and fraudulent for allowance to Auditcr Baehr was sustained by Judge Cook yesterday, but it was left oplional to the District At- torney to take an appeal to the Su- | preme Court or to resubmit the case | to the Grand Jury. i When the case was called the Judge said he thought he had been misin- formed as a similar « having en decided in the State of Washing- tcn, but he had nothi to alter the opinion expressed by him last weel demurrer Clerk, to seen that the pleading was insufficient ac- cording to a decision of the United | States Supreme Court in the case of Hess and in two e decided by the | Supreme Court of this State in bank. NO DI 2CT ALLEGATION. The indictment merely charged the defendant with the intent to defraud the city and county of San Francisco in that the defendant did present for allowance to the Auditor a certain false and fraudulent claim fcr allowance. It was merely by implicaticn that thg al- legation was made that tane claim was false. There was no direct allegation and the indictment just followed the language of the statute. It is an elementary principle in law that a pleading must descend to particulars and where the presentatjon of a fraud- ulent claim charged in an indict- ment it must stote wherein the claim is fraudulent. District. Attorney Byington said he had followed the course laid down in the case of the people against Carolan. is “That was cnly a department de- cision,” replied the Judge. “In the two other case the decisions were in bank.” CAN RESUBMIT MATTER. The Judge said mnder section 1008 of the Penal Code the District Attorney | had the power to resubmit the matter to the Grand Jury and secure another | indictment. “If the matter is resubmitted to the Grand Jury,” said Attorney George D. Collins for the defendant, “that would revoke the District Attorney’s right of appeal. He cannot do both. The Judge replied that he would make the order allowing the demurrer, but being of the opinion that the ob- jection under which it was allowed could be avoided by a new indictment he would direct that the matter be resubmitted to the Grand Jury. The District Attciney could elect what course to take. The defendant’'s bail would remain the same. District Attorney Byington said later that he would take an appeal to the| Supreme Court, as he was satisfied the decision in the case of Carolan was sound. It was a parallel case, whereas the “other cases referred to by the| Judge were not. The fraudulent claim in the Mahony case was for $100 for | menth's salary of A. Davidson, | copyist, and there were no particulars that could be_explained in the indict- ment beyond that simple fact. —————— REMAINS OF WASHBURN CAU OF DAMAGE His Daughter Her Uncles Be- cause They Will Not Allow Her to Crema Father's Corpse. A suit filed yesterday by Jeanie W. Higgins, daughter of the late A. H. Washburn, against the Cypress Lawn Cemetery Association and her father's brothers, E. P. and J. S. Washburn, re- | veals a strange state of affairs. It| shows that the fair plaintiff desires to| have the remains of her father cre-| mated and to place his ashes with those | of his wife in the columbarium at the | Odd Fellows' Cemetery. Because her| uncles and tne Cypress Lawn people | refuse to allow her to do as she re-| quests she asks the couri to award her $25,000. | Tt apnears from the complaint that in October, 1903, his daughter and wife were too ill to arrange for the funeral. The brothers of the deceased attended to the matter for them and the remains | were interred in Cypress Lawn, in | which. place a lot was purchased out of | the funds of Washburn's estate. Last| month Mrs. Washburn died, requesting | hortly before her death that her re- | mains be cremated. She also asked Mrs. Higgins to have the remains of | her husband disinterred and cremated and the ashes nlaced in an urn beside | i hers in the Odd Fellows' columbarium. | In endeavoring to comply with the last | wishes of her mother. says Mrs. Hig-| gins, she requested permission of thed Cypress Lawn people to remove her! | father's remains. She was told by them, ; | she says, that her request could not be granted unless she presented a written consent from.the brothers of the de-| ! ceased. The consent was refused her, | | greatly to her anguish, she says, and | she asks the court to compel them to, do as she asks and to award her $25,000 ' as balm for ‘injured feelings. : e ——— i | Andrew Plerey Is Appointed. Andrew J. Piercy was yesterday ap- pointed admiristrator of the estate of | his mother. the late Mary<Plerey, by ! Judge Coffey.” The petition of his; brother, Edward Piercy, that letters of | administration be granted to the Cen- ]tnl Trus: Company was denied. suITr : No. HIGHLANDER WILL LECTURE ON SCOTLAND -+ EMINENT LECTUR WILL TELL OF IN SCC ND. Dr. lan Grant to Talk for Benefit of Clan Fraser. e Dr. lan Grant, the eminent Scotch traveler and lecturer, will speak of his travels through Scotland at Lyric Hall, 121 Eddy street, next Wednesday even- ing. The lecture will be given for t benefit of Clan Fraser No. 78, Order of Scotsish Clans, and a large crowd is expected to be in attendance Dr. Grant is known the world over as an eminent speaker and writer. He has circled the glcbe many times and at present is engaged in writing a book of his. experiences. He is the posses- of one of the most valuable lections of scenic photographs in world and his coming lecture will illustrated with many of these. Dr. Grant is a typical Highlander— tall, broad shouldered and of command- ing appearance. He takes a special delight in speaking of his native land and all those who enjoy hearing de- seriptions of picturesque Scotland have a treat within reach. Tickets for the lecture can be secured from any mem- bers of the clan. The price of admis- sion will be 50 cents for adults and 2§ cents for children under 12 years. PAVILION ARRANGED FOR THE KNIGH CONCLAVE col= the be sor + Commanderies of the State Will Ex- hibit Many Produts of the Golden State. the coming Knight Templar in this city nmext September California Commandery, the pioneer of this ate, is making elaborate preparations. The commandery has leased the entire Mechanics’ Pavilion for the conclave and has made ar- rangements with most of the com- manderies from the interior of the State to maintain headquarters in the pavilion. These interior commander=- jes will make displays of the resources of their counties and the Eastern vis- itors to this city will be enabled to form an idea of the varied products of the Golden State. The pavilion will be under the su- pervision of Robert W. Neal, chair- man of the headquarters committee of California Commandery. Mr. Neal has laid out the plan for the pavilion, so that full opportunity will be given the country commanderies to make their displays and at the same time reserving enough space for the drills and other entertainments in the main portion of the pavilion For its own headquarters California Commandery will use the entire vilion art gallery, 50 by 325 feet will be used by the commandery a banquet hall. The plan as drawn up ace to the commanderies of Fresno, Red Bluff, Santa Ana, Watsonville, Visalia, San Diego, El Dorade and Nevada City on the south side of the pavilion under the gallery. Those of Edteka. ‘Woodland, Colusa, Stockton, Chico and San Luis Obispo on the northern side on the ground floor. Sacramento will occupy the eastern gallery space. San Jose and Oakland be located in the northern gallery, ah, Napa, Vacaville, Santa Rosa, Petaluma and Vallejo thg western, and California 1 the entire southern gallery space. For conclave pa- This for e e - Lines From the Loz Book of the Cal- ifory Limited. “One criticism—the salt should be su- perfor to all otherwsait. as everything else is in your unparalleled service. Courtesy seems to be the predominant quality."—Frank W. Titus, 317-8 building. San Francisco