The San Francisco Call. Newspaper, May 10, 1904, Page 4

THE SAN FRANCISCO CALL, TUESIi\Y, MAY ,10, 1901 HOISE MOVER [FOREST SUPERVISOR ADMITS IS ARRESTED D. J. Sullivan Tests Act of Legislature Regarding Severing Electrical Wires Pianders UNITED RAILROADS AC i Secure Restraining Order to Prevent Contractor From Proceeding With His Plan o sy validity of an act passed of California dur- 1901 it a ature making urrying currents of electricity, D. 1. ng house-mover, , contrac s ted himself to arr The charge was preferred by the Sun- LS phone and Telegraph Com- ¥ use some of its wires had been se i during the process of moving use on Hyde street. He was arrested by Policeman Prowse t the Central police sta- 1 ation of section of th ¥ He was immediately eaned bail of $125 vesterday afternoon the United V is app to Superior Judge Kerriga - an order restrain- terfering with the and Ellis streets, ed that the cor- formed of an in- of the house- tore to test the validity by the Legislature g a felony punishment res carrying public » stated bhe tH ie the electrical The owl service. the hat service inter- we of the trol- two-story eage from Ellis and Hyde its it on way wern shores of the ba) to make the journey by direct cut the liey wires many places ed to the roads ir wher App. company, for this permission he was refused. He went right ahead, however, with his nigving operations and landed the house in the middle of Hyde street, muech to the detriment of the. tele- phone wires fronting on the corner. Then he announced his intention to wte that o house around pretty plenty hout regard to telephone or tr wires, under a permit he had secur from the Board of Public Works. The United Railroads accord- g ts complaint and a tem- restraining order was issued able before Judge Murasky on »use-movers have been ing the nd the various electrical com wires have been severed for them. Now it is proposed ainst block- ing the 1d impeding public couvenience by moving old houses in- ring them dowr . v ol bt pt Hearing Postponed. the matter of Police Commis- H. W. Hutton, cited for con- tempt of court in violating the injunc tion restraining the police from inter- the restaurant business of Pon. 1129 Dupont street, was i in Judge Cook’s court yesterday the Judge said that Attorney Hiram sioner Johnson, respondent’s counsel, was en- gaged in Judge Lawlor's court. He overruled the demurrer to the pro- ceedings interposed by Johnson on Friday and continued the hearipg till this morning. continued till the same time —_—— Police Take Action. The Grand Jury drew attention last | week to the fact that liquor was being openly sold in unlicensed saloons in the neighborhood of the Presidio. Ap- parently acting on this hint, Police- men James Casey vesterday from Police Judge Cabaniss | for the arrest of two bartenders in one of these places at Baker and Lombard streets on a charge of selling liquor without a license. y interrupt or bredk any wires | est yesterday. | The other cases were | secured warrants | x4 P9 S i ! PSS TVOREST o533 BTy |1 | 11 | {1 [ il 4 [ | | | | /| | \ In the land frauds hearing the Gov- ernment yesterday called a few wit- i nesses for the purpose of fastening | down some facts which it does not in tend to lose sight of when the case . | comes on for trial at Washington. | | With the exception of Grant 1. Tag- gart, all the witne »s of the day were / persons connected with the defendants. | | \ Taggart's testimony was the most' | sensational of the day. He said he sccepted money from John A. Benson for furnishing Benson with advance information concerning tracts of Cali- fornia lands. His testimony Miss Clara E. Glover, Benson's clerk who confirmed Taggart's story in part From other witnesses testimang was cbtained relating to the fictitiong Eliz- abeth Dimond, whose name appears in the Hyde-Benson lieu selections, and Joost H. Schneider, one of the defend- ants. SAYS HE GOT BENSON'S GOLD. Taggart’s testimony was in sub- stance as follows & ¥ by Benson. »pointed Forest Supervisor I was going to the under instructions to t regic o tage to her formation after this one of my creditors was pressing me and 1 asked her f a loan of $150. This was at Benson's office e Madn't the money with her, but saild { would speak to Benson about it. Benson came out of his private office and, remarking ‘‘Clara | tells me you want $150, iald down some gold s on the table. When I counted them I d they amounted to just the sum 1 had d for. This moncy was never sepaid | Glover nor Benson demanded its repayment. 1 intended to pay it back, but when I got a iet [ter from Miss Glover referring to the matter | and speaking of ““we,” I concluded that ses persons were interested and that It would not | come out of her pocket. So I just kept it Returning from my work in the north | saw Mise Glover again in August, | told her that when I decided on what la: | 10 recommend for withdrawal 1 would let know. As fast as my maps were comp for the land office 1*sent her copies. had furnished me with a roll of expe We have been selecting, blending and rossting coffee for over half a century. Golden Gate is thc result of our long coffec experience. We cannot improve it. Could not make it No one knows how better if we tried. to blend it but our- scdves. Golden Gate is fragrant—delicious. High grade grocers sell it 1 and 2 Ib. aroma-tight tins. J. A. Folger @ Co., San FTrancisco mporters esd Roasters of Fime O Coffews involved | r Miss | LY EMPLOYED BY SNOGRAPHER. AND HYD * WHOM TESTIFIED AT THE LAD "REDERICK A. HYDE, UNCLE, AN OAKLAND FRAUDS HEARING. =ome drawing instruments for sent me by express. ar 1 wrote her that [ b graph, dwin Taggart and get re- this and my cousin paid the amin F. Woolner, the Oak- was pressing me for a debt he was closing up. This 1 to Benson or Miss Glo- rment-for the inform- garding my forest re- In these selections 1 Hably included the school sections, in each township, the Benson-Hyde being mainly In school lands. fther MBenson nor Miss Glover, however, asked me to in de the school sections. ADMITS BREACH OF DUTY. “What did you actually do for the money you say you received?’ asked Bert Schlesinger of Hyde's counsel in s-examination. As fast as I made up the maps to | be sent to the Land Office I sent plats | of the tracts to be included to Ben- son’s office,” the witness replied. “Would you not have shown those to any one else?"’ | “No.” I had been instructed to keep the matter secret. This was the rule of the department.” “It looks like a plain case of hold- up,” sneered Schlesinger, dropping the witness. Clara Glover, called by Heney, then took the stand. Before the Gov- ernment attorney began his questions Schlesinger objected to her examina- | tion, on the ground that the State laws made information obtained by em- ) ployes from their employers privileged. | But the Commissioner overruled the objection with emphasis, saying, “There can be no privilege in crime.” On Schiesinger's request, however, Heacock instructed the witness that she was not obliged to give evidence that would incrimingte herself. This Seemed unnecessary, .as Miss Glover proved a very circumspect - witness, estate thus differing from some of Hyde's stenographers, . who have apparently told all they knew. To many of Heney's questions her answer was, “1 do not remember.” She said in sub- stance: 1 recall the meeting with Taggart in May, 1899, when be was going north, but do not remember asking ‘him for information or that he came to Benson's office for money. I do not recall sending him any map, paper or in- struments. \His letters were turned o to “Benson without being read by me. I did not read any letter asking for $220, but I remem- ber that this sum was pald to hie cousin, Ed- win Taggart, in Oakland. Benson gave me the money and 1 handed #t to the druggist. This ‘was in November, 1899. 1 rémember opne of Taggart's letters containing informa- tion mhout the reserves, because it was in green ink. I-mever asked Taggart to lnclude or ex- clude any particular lands in his recommend- ations. HYDE'S OREGON TITLES. James H. Lavenson, who has been a clerk for Benson ever since 1801, was the next witness. He was questioned by Henéy on the lines of McCusker's testimony regarding the Oregon land transactions conducted for Hyde by Defendant Joost H. Schheider. Laven- son said: 1 had made a number of trips to tor Benson before Hyde asked me, in Febru- ary or March, 1003, to go up thére and try to stralghten out his Oregon school land titles. He said some charges had been made that these titles were irregular, and he wanted me to get statements from &s many as possible of the people who had taken up the lands show- ing that they had taken them up in good faith for their own use and not for &péculation, Hyde gave me some cards with names ‘;fl ve me plate on them. McCusker was one of t I saw at Portland. ;:r declinéd to an affidavit. 1 found omly one. who admitted that he had taken up Schrelder. 1 found many othérs Whose names S | ofce —% 11 had through the Portland city directory, but had acted for Schuelder. enty-five names 1 could only get two persons . | to Rdmit that they had taken up any lands | D. Alexander, the notary fied here, told ‘me that Schneider had come to his office with a lot of pérsons whom he had never seen. Other notaries said the same thing. As Benson's « public who testi- k, 1 knew that he and Hyde { were Jointly in n the Oregon lands. | I have seen the join account, in which these lands were charged up at $1 75 an_acre, and | the balance of receipts on sales equally divided between Benson and Hyde. One-half of Di- mond's salary was charged to Benson. Lavenson's testimony "rnbnmted McCusker’s as to the manner in which the Oregon school lands were acquired by Schneider for the Hyde- Benscn partnership. Henry S. Morris, next witness called by Heney. He said he was an uncle of Defendant Fred A. Hyde and had at different times had land transactions with his nephew. He could not recall whether he had ever owned any State school lands or wheth- er he had made any application for forest lieu selections. In fact he had forgotten nearly everythihg the Gov- ernment wanted to know and was quite unable to explain how his name came to appear in the Hyde applications be- fore the land office. AS TO ELIZABETH DIMOND. On one point, however, nis testimony was of more use to the prosecution. Heney questioned him rigorously re- garding the mythical Elizabeth Di- mond, who has figured so prominently in the testimony as one of Hyde's se- lectors. 'The defendant, Henry P. Di- mond, had testified that Hyde always told him Elizabeth Dimond was ‘a ser- vant in his Uncle Morris' family. “Do you know Elizabeth Dimond?” asked Heney. “Well, I don't know whether I do or not,” sald the cautious old financier, laughing. “Why do you laugh?” ““Well, you see I read the testimony about this woman being nctitious, in the newspapers, and 1 remember we had a servant rl some years ago whose name was Lizzie. What her last name was I cannot say. No, I cannot tell Whether she was old or young, tall or short, stout or slim, fair or dark, or how long ago she was at our house.” After this * flure to substantiate the woman whose name Hyde had used as the selector of immense tracts of lieu lands, Mr. Morris was succeeded on the stand by his son, H. C. Morris. The memory of the younger man was equal- ly hazy as to most things he was asked about. He could ‘not aid his cousin with any more positive testimony as to the alleged gervant. He only remem- bered that some woman named Eliza- beth or Lizzie had been employed for an indefinite period and at an indefinite time ‘a8 cook in the family home at Oakland. Cemmissionet Heacock had already said with emphasis in court that he was satisfied that there never was any Elizabeth Dimond. Jis con- viction was not shaken yesterday. & M. D. Hyde, brother of Fred A., was then called for the Government. He told of his visit to Arizona in com- pany with Walter W, Slack, when the latter was sent to “pump’” Defendant Schnelder as to his admissions to the Federal agents, but he had nothing new to tell on that point. He had an in his brother's suite at 415 Montgomery street for many years. they all denied that they were the persons tha. | Out of all the sev- | the venerable Oakland banker, was the | VICE A VICTOR ~ HE GOT COIN FROM BENSON| |y Tjji ([NTS Grant I. Taggart Tells Commissioner in Land Frauds Case That He Was Bribed to Furnish Tips on For- est Reserves-Other Important Testimony Introduced Judge Hebbard Knocks Out the Ordinance Restricting the Rights of Tenants e s LAW UNCONSTITUTIONAL Upsets Supervisors’ Efforts to Prevent Use of Build- ings for Illicit Purposes | *-— = { Ordinance No. 1159, passed by the Board of Supervisors last March, which makes it a misdemeanor for any per- son, firm, corporation, cjub or associa- j tion to carry on or conduct a business 11n any building any part of which is { used for illicit purposes, is invalid in | the opinion of Judge Hebbard. In a decision rendered by him yesterday ‘overruling theé demurrer of the City At- torney to the suit of Jean Pon for an 1 injunction restraining the police from | interfering with him or molesting him in his conduct of a restaurant and cigar store at 1129 Dupont street, he says 1 the ordinance is not only a violation of the constitution, but an absurd in- fringemhent by the Board of Super-| visors upon the rights of citizens. The decision makes permanent the tempor- ary injunction issued to Pon at the time his complaint was filed, and denies to | the city authorities the permission to am&hd their answer to his complaint. { COURT'S OPINION. | Judge Hebbard's opinion, in part, is | as follows: | The ordinance is invalid. McQuillan on | Municipal’ Ordinance, at section 228, citing | & number of kindred cases, says such ordi- | nances are unconstitutional. It is unneces- sary to go Into the various cases cited on this | point, for a mere ding the inance itselt’ is sufficient to show évén to fthe lay- man’s mind that it is absurd; that It is ln: exerclse of police power Without reakon, and | that its enforcement would amount to a con- | fiscation of property without and beyond the | authority of the constitution. | Take. by way of illustration, a very possible | case which would come within the provisions | ] of this ordinance — a firm or a corporation | having been for twenty years In the dry- | | goods bustness in this city, carrying a stock | of goods worth $100,000, located in a three- | | story building of which, for the twenty years | sald firm or corporation’ had occupled the first ! and third floors, but not the second floor; # | | flight of stairs that led to the second and toy floors and through a door from the lower floo: | | to the stair 15 the only way to reach the upper floor; suddenly the second floor is | tenated and is used for and resorted to for ! fllieit purposes, then the said firm or cor- | poration must move on or become subject to arrest from day to day as long as it remains in that building and to a fine of $500 or im- prisonment in the county jall, or possibly both A multitude of other fliustrations might be given showing to what absurd results the en- forcement of such an ordinance might lead For these reasons and under the decisions above cited and many others, the court holds said ordinance, No. 1159, to be unconstitutional and void. It is therefore ordered that tke demurrer be overruled without leave to defendants to further answeér, and that a perpetual injunction | be issued herein as prayed. ¥ INVALID ORDINANCE. | The ordinance declared to be uncon- | stitutional by Judge Hebbard reads as | follows: Section 1.—It shall be unlawtul for any pér- son, firm or -corporation, club or association, | to y on any business or to pursue any trad: | or vocation within the limits of the city and | county of S8an Francisco in any house, room or building connected by any loor, window, stairs, steps, hall, passageway, court or alley thot @ publie street) or by any door, court or alley (not a public street) with any house. room or bullding whl(‘h"la ‘lls-d or resorted to urpose of prostitution club or association who shall violate the pro- Visions of this ordinance shall be guilty of & Imisdemeanor and upon conviction thereof shall | ished by a fine not to exceed §500, or by | hment in the County Jail for not more | i x months or by both such fine and im- | iabmmert: ! L0 Positions for Engineers. | The United States Civil Service ! Commisgion announces an examina- | tion on June 15 at San Francisco, Los ;Angele& Marysville and Fresno for | strongly cor-"¥the position of engineer in the Indian | service; salaries, $480 to $1000 a year. The majority of the appointments, however, are made at salaries of $720, | 3840 to $900 a vear. Age limits, | 20 years or over. Apply to the United | States Civil Service Commission, | | Washington, D. C., or to the secretary | | of the Board of Examiners, 301 Jack- | | son street, San Francisco, for applica- | tion form 1093, which should be prop- | erly executed and filed with the com- mission at Washington prior to the hour of closing business on June 8. { | o o Here he had never seen Elizabeth Di- | {mond or Jennie P. Blair, regarding | whose mythical character Schneider | | had first informed the Government. He | admitted that he had for some time had in his desk twenty-three Wells- Fargo envelopes of a style long obso< | lete, but that several of these had been | taken away months ago. This was the envelope used for one of the anony- mous letters which the Government | charges Defendant Dimond with writ- | ing. The witness’ desk was open so that persons in the office—Dimond or | any of the others there—might have obtained the envelopes. FRONTIN OF TUCSON. The last witness of this strenuous day was Joseph B. Frontin of Tucsoa, Ariz,, who showed himself able to keep up the interest of the room full of | spectators to the end. Frontin is as mild-mannered a ‘‘cow puncher” as ever straddled a bronco, but he showed an ability to fire up under provocation that relieved his testimony of all monotony. He had long been employed on Fred Hyde's ranches and thus had become a confidential friend of Schneider. His testimony, which was not completed when court ad- journed for the day, was in part as follows: When we were in this State Schneider ask- ed me to make application for California gchool lands and to get others to do the same. 1 did both, but never got any-'pay for it Bince to Tucson I have seen mfch of Schneider. He told me he had made some sort of a statement to Colonel Zabriskie for the Interior Department regarding Hyde's business in State and Government lands. He aiso told me that Hyde had been usging fic- titious names that were obtained in answer to advertises ts, He said that Elizabeth Di- mond was a fictitious person. ‘When Slack eame down to Tucson to inter- view Schnelder in Hyde's Interest, told me-all about it. He was sorry then that he had the Government what he had, be- cause he Slack were good friends and he thought k might get into trouble. He also told s visit, saying that I s 4 and accomplished nothing. t In August, 1008, I called on Hyde when 1 was in this city. He then d me that Government Detective Burns was handling the case and that would see Schneider. 1 ted sending jder a gram to keep his mouth shut. 1 wrote out a was enough for message, but that 11 Was sent o Schineider thiough the Tucson attorneys. What did message? Well, I told him g to do with The great majority of beers possess a monld or musty flavor, which leaves a most disagree- able twang in the mouth of the drinker. This is due solely to lack of cleanliness, many breyers bein; indifferent to this virtue. In breWwing the famous A. B. C. Beers (The only beer bottléd exclusively at the Brewery) the most scrupulous cleanliness is exercised over ail vessels, pipes or any object with which the beer comes in contact, and every precaution that will con- duce to sanitary purity is employed. . \Tlle American Brewing Co., St. Louis, U. S. A. HILBERT MERCANTILE CO,, ‘Wholesale Dealers. The Delineator differs from every other magazine in many ways—but chiefly in the fulness with which each number covers the features (alf of them) that interest a woman. It isn’t merely that there are many fas- cinating articles on the Season’s Styles pic- tured in this month’s issue—and a Rotable paper on Home-Beautifying or something else next month—but each separate number of The Delineator is full of just the things, and all the things, she wants to know about. There’s a lavish abundance of the helpful and the practical that is not found elsewhere. Take the June number, for mnstance: (Five million women of America will read it.) To begin with—the Fashions, of course. More to choose be- tween and better pictured thaninany other magazine you ever looked at— and through them all the safeness of absolute authority as to Fashion’s approval. There are two gowns shown that are destined to—but one can’t describe them here, And the Hats, too!l! For Home Builders —a house that doesn’t cost much, looks as though it did, and has artistic comfort built into every nook and cor- ner of it. This is one of a series that doesn’t deal with architects’ dreams, but shows real houses, actually built—and illustrated with photographs taken after all the bills are paid. “The Joy of Liv- ing,” is a series of thoughtful papers by Lillie Hamilton French, which has already given our readers much to think about. It deals with the different phases of home life. This month’s article is about mothers with stay-at-home daughters, and both mothers and daughters will read it with interest. “ Rebecca Boone,the wife of the famous pioneer, had a life bardly less adven- turous than that of her husband. Hair- ? breadth escapes and hardships in- numerable were hers for many years. This is the second in the series of « Pionéer Women,” and is an Indian story of the most fascinating kind— and a true one. A School of Beauty has never really existed before. The nearest to it the cosmetic shops and the dout newspaper articles by alleged « Beauty Doctors” and the like. In “ The Fountain of Youth” Dr.Grace Peckham Murray is showing that each woman may control herown beauty. This series is a revelation, There is much to interest the Child in this number—and as much more that will appeal to its Mother, as for instance, “ Varying Temperaments in Children,” by Mrs. Theo. W. Birney, Hon. Pres't Nat- jonal Council of Mothers. The tots themselves have half a dozen work and play stories to amuse them. «Around the World in Eighty Pictures” is the title of a series of picture-letters written by a young bride who is making the grand tour as a honeymoon; trip. The letters are accompanied by a profusion of the most brilliant pho- tographs weremem- ber having seen. She is travelling through Manchuria in this number, Fiction is here in plenty. “ The Giver of Honour” is a Japanese love story of singular charm. Two college stories; “At the Window of Paradise” and « Bailey’s Sister,” bring the love-inter- est nearer home. i The Departments b~ are as fully treated as always—Club Women, Needle- work —a score of other things. %W Coi~ Zissnd F1orel pf,o'n,- Wfi'(fim Havs ’ BE SURE TO GET IT or of the publishers, at 15¢. ; $1.00a year. COMPANY, Lid.. Butterick Bulding, New Yok son. He told me he was instructed by Here- ford & Hazzard to disappear. le went across the border into Mexico—old Mexico. This ended the picturesque witness’ 1 testimony for the day. . Tt will be re- x sumed this morning. Tue- ' expects to close to-day and counsel The Government for the defense declare that thev will take but little further time of the court; Commissioner Heacock hopes that argument and testimony in the long case will end for good and all te~ morrow