The San Francisco Call. Newspaper, July 4, 1904, Page 7

THE SAN.F JULY 4 1904 W. H. MILLS SAYS THAT PATENTED SWAMP LANDS CANNOT BE ASSESSED TO RECLAIM OTHER TRACTS Subject of Great Importance lIs Discussed. tic Later, when the| g obscure and revailed in the y is forgotten, the | 3 imoned to bar is ong light | reclamation w viewed in the ortunate that the b licy is pol who story of legisla uch policy, and who, with sroponent of stigated or | POLICY OF AMATION. e re atic olicy of California ist now undergoing preliminary ry to the intro- forms. A re- proposed and a ion it bears to annot be de- | s in the policy | e summarized as reclamation by ideration re f land and le system in | | be assess-d sed that the State wamp land, whether , levying a special aimed swamp land o reclaiming all of > eral annuval tax upon all of ten vears of 5 g . > additional . waters, and p ributed from property of the the Federal Gov- & cost for this ande of the s a fts. rding general details, these sitions outline the reformed w proposed. STORY OF THE GRANT. of Congress, approved Sep- 0, the State California ximately 1500,000 acres overflowed lands. The | declared that the donation to enable the several States nec ry levees and the nerein.” wamp and over- | act The then pla same to th going excerpts present the law. It is of the highest ance that the terminology em- should have careful consider- paragraph quoted declares tary of the Interior shall and plats of the lands and of the wovernor of any cause patents to be issued conveying to said State said land.” The stat- | declares that the | the Government of States shall convey a title and this is the full equiv- ing that the title is pass- patent without condition. second paragraph quoted en- the State the policy of ap- he proceeds derived from the the land to the reclamation of is themselves by the construc- levees and drains. ROVISION NOT MANDATORY. The provision that the proceeds of | the sale should be applied exclusively, =0 far as necessary, to the reclamation mp lands was advisory and atory. This statement must ted as conclusive since the act res that the Government | mveys “to the said State the f the land” Any reserva- exception on the part of the rnment was necessarily cut off by sue of the patent, while at the it may be freely admitted the whole transaction has the col- 1+ grant for purposes of reclam- This ie, however, not to be con- y the t the ns up: n strued a declaration that such reclamation is a condition precedent Ahe receipt of title or that the fail- ure to reclaim shall work a forfeiture of such title The State was admitted to the Union of States on September 9, 1850, and the in question was passed September 1850, when the State was only nine- teen daye old. f the obligation of reclamation ar- t ¥ accompanied the gift the pro- of its acceptance would have lehatable, if not wholly inadvis- The conditions attending the ands granted were wholly un- The economic value of the was equally unknown. people of California could 1own whether the acceptance accompanied by an ar- gation to reclaim all the 4 would not be the as- a task the fulfillment of a be, wholly uneconomic, if NO TIME There was n LIMIT MADE. declaration in the law and no possible inference to be derived from it imposing upon the State the duty to reclaim tne land within a given time or to reclaim all of the swamp and overfiowed lands granted. On the contrary. It was clearly within the pro- vinoe of the State 10 proceed with such reclamation in such a manner as to ac- complish the ultimate result at such time and in such way as would be most advantageous to the State itgelf, The first act relating to swamp land was approved May 1, 1551, eight months after the date of the act granting the land. This act eranted 640 acres of swamp land on Merritt Island to John F. Booth and David Galloway, and pro- vided that they should reclaim the 1and, bring it under cultivation and report the result to the Legislature. The cau- tious gnd comservative wisdom of this act will be apparent. From this beginning, which related merely to an experiment with 40 acres of swamp land very easily reclaimable, the subject occunled legislative atten- tion at intervais until 1868, when the act which to-day m-ut-u.l | | | | was le | lesson - .4 IE vast importance of the reclamation of the Sacramento and an Joaquin river lands led to the recent river convention and the appointment of a committee to formulate practicabie measurcs. asscss all the swamp lands alike for the cost of reclamation. Many members of that convention favored the proposal to This pian is vigorously attacked by Mr. Milis in the article printed below, which will be found replete with cogent reasoning. based on the history of California reclamation will receive the attention it deser ONE— tion tiwat have covered half a century. work and the legislation and litiga- Mr. Mills’ noteworthy paper €s from all who are interested in the development of California’s areas of overflowed lands. the framework of the State swamp land policy was enacted. he poli underlying this act was evolutionary. It was the suggestion of legislative experiment beginning with the aet quoted, and rising through the acts of April 25, 1855, April 21 1 April 18, 1859, May 13, 1861, April 27, 1862, and April 22, 1866. Each of these acts underwent preliminary { discussion in the public mind and par- | Hamentary eyamination by the Legis- lature. iing up to the act of 1868, the entire question of swamp land s made the subject of thoughtful examination and public ad- ocacy by the very best minds the State has ever produced. The suggestion of combining all the | swamp land into one reclamation dis- trict and pursuing a system of reclam- ation t would distribute the burden t to each acre of swamp land regardless of the relative re- clamabilit of the land, is now brought forward as an original sugges- tion, whereas it was advocated and traversed until not one grain of wheat in the thrice-threshed straw. EXPERIENCE IS CITED. The experience o€ reclamation in old- er countries was appealed to and the of such experiment was read into the current discussion of the time. The policy of attempting a complete reclamation of all swamp lands by placing the ultimate value of ail such lands behind the enterprise was reject- ed, because then, as now, the data upon which the economic value of the policy could be determined was wholly want- ing. There was not then and is not to- day sufficient information concerning the o the economic value of the result, Justify the undertaking. The granting act required the Se retary of the Interior to make an ac- of reclamation by that plan, or to | curate list and plat of all the swamp lands and transmit these plats to the Governors of the States being bene- ficiaries of the grant and upon the re- quest of such States, to issue patents conveying the title in fee-simple. This had not been done when the people of California addressed their attention seriously to the question of reclaiming these lands in good faith and of add- ing their areas to the proGuctive wealth of the State: and the require- ments of the law have not yet been full-- accomplished. The knowledge of the subject was | general, not specific. It was well known that the lands were divided by their physical condition into five nat- ural classes: 1.—Lands overflowed at extreme flood stages rivers and covered with water for & o short as to be beneficial rather than as and to be practically a substitute for 1 irrigation 3 2. —Lands overfiowed but a short period in ®ach year and at medium flood stages of rivers; mable at small cost and possessing high value r reclamation. lands on the margin of tidal omprising the bay system, econom- aimable and highly valuable when mp lands lying within a single hy- c system, comprising all the grades relative reclaimability, but more economic- eclaimable by treatment as a system in separate parts. 5.—Lands wholly irreclaimable by any other method than an absolute control of the entire hydrographic phenomena of the interior basin REVENUE LACKING. The cost relating to the reclama- tion of this fifth class was far beyond the financial possibilities of the time. The only inducement to the reclama- | tion of any of the land was the value of the land after its able for this purpose, The legislative experiments prior to 1868 had demon- strated this fact beyond all contro- versy. The appeal to State or Government aid was wholly imprac- ticable. The State was not in a posi- tion financially te enter upon the cost of reclaiming all its swamp land prop- erty in one general scheme of reclama- tion, because it was apparent then as now that the cost of such an undertak- ing would exceed $100,000,000, while the assurance which would have proffered a request to the Government to add its munificence by reclaiming the property it had presented to the State had not reached the stage of pauperizing dependence it has attained in recent times. Mining was the paramount industry | of the country and the hydraulic method was in full operation. Hydrav'ic mining was charging the tributaries of the Sacramento and San Joaquin rivers with detritus, which was being forced down the channels of these tributaries on a declivity of 100 feet to the mile and into a central drainage having less than four inches to the mile. The detritus thus forced into the channel of the main streams must necessarily lodge, and the time at which the Sacramento River in par- ticular would wander at will over the alluvial bottom land of the valley could not be foretold. All commercial and industrial ac- tivities, including agriculture, horti- culture, manufacturing and mer- chandise, were then merely subordi- nate and allied industries to mining. The absence of rail cummunication with the East had denied an Eastern market for the field, orchard and vine- yard products of the State. Hence the proposition of . arresting the de- struction of the valley by' enjoin- ing hydraulic mining had not been dreamed of. *The rapid filling up of the main channel of the central drainage con- stituted a menace to successful recla- mation. The danger was apparent that the river beds would fill up, that the flood maximums would rise, that reclamation levees would have to be increased in height and that vast quantities of mining detritus would be impoged upon the valley lands. THE ONLY INDUCEMENT. The State was confronted with the condition, which had been fully dem- onstrated by experiment, that the value of the land when reclaimed was the only inducement to its reclama- tion. It therefore entered upon the reclamation of that which was mest readily and economically reclaimable. leaving the more costly work of rec- lamation to a time when alluvial dep- osition, which was then and is now steadily in progress, would make the problem of reclamation more easy. when, by reason of the growth of the commonwealth and the greater dens- ity of its population, the land re- claimed wouid possess a higher value. During the discussion which was the Genesis of the act of 1368, it was proposed by some of the wvery best minds of the State to adopt the mound system of reclamation In use on the lower course of the Njle. The late B, B, Redding, to whose patriotism and in- tellectual breadth this commonwealth is still under obligation, was the lead- Ing.mm of this plan. wisdom of the act of 1868 has A 1 reclamation. | | There was no source of revenue avail- | 7 i been fully demonstrated. Since the enactment of that law, the swamp land policy of the State has been the subject of legislative attention, as the acts approved on the following dates March 16, Congressional 2 18 March Resolution, 1878; April 1, 1878; arch 24, 1893; March 897; March 2, 1901, and March 16, 1901. Notwithstanding these acts, the general policy underlying the act of 18688 has not been changed in any essentia] feature. Reference has already been made to the fact that no one possesses suf- ficient information on the subject to determine, even with a remote prob- ability of accuracy, the economic vulue of a reclamation scheme having for its object the reclamation of all the overflowed lands belonging to the fully attest: , 18 ch 29, State. But beyond this, the question of the practicability of the scheme from its legal aspect is worthy of thoughtful consideration. QUESTION OF LEGALITY. | More than 1,200,000 acres of land granted to the State of swamp and overflowed land have been granted to individuals by patent which conveys the title without conditions. Thes: I:_xnd ,» notwithstanding they belong to the egory of swamp and overflowed lands, are as completely exempt from special assessment for the reclamation of other lands as any other lands of the State. The dec ion of the Supreme Court in the case of Kimball vs. Reclama- | tion Fund Commission, by superficial reading, would seem to hold that Con- gress had by the act granting swamp and overflow lands to the State im- posed upon the grant itself the condi- tion that the lands be reclaimed. What the court decided was that, whereas the Legislature had inaugurated a sys- tem for the reclamation of these lands by organizing a Board of Commission- ers who were to superintend the work, and- had provided that in any district where a petition representing one- third in acres of the tract of land pro- posed to be reclaimed was located, the appellant was bound in law to take tice of the public statute and must deemed to have accepted the title subordination of the paramount right and duty of the land to be re- aimed; that a general system for the purpose of reclamation had been in- augurated and that wherever under the provisions of the law the practical measures of reclamation had been set up the owners of land within such dis- be trict must submit to assessment for the reclamation of the land they owned; that the owner of lands in a district to be reclaimed could not de- | cline to contribute to the cost of such | reclamation and then enjoy the incre- | ment which would ensue, but must contribute equally with other owners in the same district to the reclamation cost. But this is far from declaring that the owners of swamp land which has | been reclaimed, who have received pat- erts from the State conveying a title | without conditions, may now be sub- | Jected to assessments upon their land | for the purpose of reclaiming swamp land which they do not own. | RULINGS OF THE COURTS. | It has been claimed that whoever ac- cepts title to swamp land accepts such title in subordination to the paramount right and duty of the State to cause the land to be reclaimed by any meth- od it might see fit to employ. If this contention had been understood to be true, the liability of expenditure on ac- count of the reclamation of any swamp land purchased from the State would rnever cease ‘until the last acre of swamp and overflowed land had been reclaimed. If this doctrine had been | promulgated and believed in from the first, the State would never have parted title with one single acre, be- use, while the economic value of re- imed portions of the swamp land ht be ascertained, the profitables | ness of reclaiming it all at the expense | of all was wholly unascertainable. No jone would have attempted the recla- | mation of a portion of this land with | the understanding that he was event- | ually to be charged with a proportion- ate cost of reclaiming all the other swamp and overflowed lands of the | State. | But the fact that the swamp lands | purchased from the State are not charged with the duty or obligation to reclaim other lands is no longer de- | batable or doubtful. Whatever con- struction the decisions of the State court in this relation may be suscepti- ble of, the decisions of the Supreme Court of the United States with refer- ence to the meaning of the act granting swamp and overflowed lands to States are not ambiguous and obscure. In_deciding the case of Mills County ve. Rallroad Companies, 107 U. S., 557, it was held: The proviso of the second section of the act, that the proceeds of the lands shall be ap- plied exclusively, as far as necessary, to the purpose of reclafming the same by levees and dralre, imposed an obligation which rests upon the good feith of the States. No trust was thereby attached to the lands, and the title to them, which 1s derived from either of the States, is not affected by the manner in which she rérformed that obligation, And again, in Hagar vs. Reclamation District, 111 U. 8., 701, it was said: It is not competent for the owners of land which is a part of a grant to a State under the swamp land act, 9 Stat. 519, to set up in proceedings begun to enforce a tax on the land assessed under a State law for the pur- pose of draining and improving it that the State law impairs the obligation of the contract between the State and the United States and 0 violates the constitution; because (1), If the swamp land act constituted a contract between the State and the United States, he was no Party o it; and (2) the appropriation of the proceeds of the granted swamp lands rests soiely in the good faith of the State, MEANING OF DECISIONS, In the first decision quoted it is de- clared that the obligation of a State to reclaim the land rests upon the State alone, and that no trust is thereby at- tached title to such land when obtained from the State is not affected by the man- ner in which the State might perform its duty to the Government. In the second decision it is declared that the purchaser of State swamp 'lands is not a party to the contract be- tween the State and the United States relating to reclamation, and that the appropriation of the proceeds from the granted swamp lands to reclamation rests solely upon the good faith of the State. These decisions of the highest tri- bunal of the land set at rest the whole question as to the legal right of a State to now create a swamp land district and Include within its boundaries re- claimed and unrec] ed land, and as- sess all the land $o included for pur- poses of general reclamation, and clear- ly discloses the fact that the State pos- ‘This practically disposes of the prop- policy of recla- £ osition to abandon the Are Fixed by . Decisions. 4— — mation by districts, and substitutes for it a single reclamation system, embrac- ing all of the lands, reclaimed and un- reclaimed, in one general system. Considerations of brevity forbid any further examination of the propositions which have been mooted in this paper. The present purpose will have been ac- complished by calling attention to the fact that with the revival of the old abandoned thecry of a general reclam- ation system -or none, theories since relegated to disuse by scientific inquiry are revived. For instance, the idea of the multiplicity of channels as is brought forward with all the com- placency that would be manifested if the utter inutility of that method was not far within the range of ascertained knowledge. 5 ENGINEERS' TESTIMONY. James B. Eads, the distinguished hy- this State by the commissioners ap- pointed under the act of April 23, 1880, in an able and exhaustive report de- clared that the multiplication of chan- | nels reduced the drainage capacity of a stream. He showed that the division of the channel of a stream augmented !the friction which resists a current, whereas confining the stream to a single adequate channel induced the formation of a hydraulic prism, which is the form insuring the maximum of flow with the rhinimum of friction. The revival of past theories is ac- companied by a proposition to con- struct what was known as the Monte- zuma canal. This means a canal from Greys Bend, above the mouth of Feath- er River on the Sacramento, through the Yolo-Solano Tule Basin and through a canal cut through the Mon- tezuma Hills into Suisun Bay. This proposition underwent the most rigid engineering inquiry at the expense of the State and at the hands of Engineer Smith, whose experience as a hydraulic engineer was acquired in of the British Government when the national in India irrigation systems report condemned the scheme as wholly impracticable. While the rea- sons for this conclusion were retained in the popular mind, the Montezuma canal was deemed an impossibility. Tts specter rises as the invaluable litera- ture relating to it is forgotten. The propositions now brought for- ward are prompted by the most pub- lic-spirited and patriotic motives. Trom the standard of motive, they are worthy of the highest commendation. They are not amenable to the charge or any class of individuals, or promot- ed by any special class of property owners, but they violate the maxim that the present must be a continuation of the settled principles and ascer- tained knowledge of the past if it is to have profitable continuity with the fu- ture. In the evolution of the policy of reclamation there is in existence a copious literature. In 1874, acting un- der the instruction of the government and in pursuance of joint pesolution of Congress, the governmeént engineers made a hydrogyaphic survey of the State of California. This survey was conducted by Colonel Alexander, under whose immediate direction the data was compiled and the invaluable maps drawn. The report treated the whole subject of irrigation, reclamation and drainage. Its salient recommendation was the construction of a canal skirt- ing the foothills between the moun- tains and the level land of the interior basin and the transfusion and equali- zation of the flow of all the affluents of the San Joaquin and Sacramento valleys. The report of Engineer Smith with accompanying maps on the Montezu- ma Hills canal: the report of James B. Eads, special consulting engineer, on the drainage of the Sacramento val- ley; the various reports of State Engineer William Hammond Hall and his assistant, C. E. Grunsky—these with the reports of the State swamp land | commissions at various times, have' cost the State in the aggregate nearly $500,000. It is a sad commentary on the method in which these costly instrumentalities of popular education have been preseived that their irref- ragable conclusions are no longer a guide to public opinion. —— e BOY'S HAND BADLY TORN BY . EXPLOSION OF CANNON Albert Berthelson Acauires Wisdom in Experiment With a Fourth 5.4 of July Toy. While trying to ram a 22-caliber cart- ridge into a home-made cannon, Albert Berthelson | vesterday received the con- tents of the weapon in his hand. Ber- thelson, who is 18 yvears old, had the cannon made by a blacksmith. The youth could not wait till the Fourth to test it. Accompanied by some friends, he tvok it to a vacant lot near his home, at Eighth and Tehama streets. The noise-creator worked well at first trial with a simple charge of powder. Then some one suggested that a cartridge be used. As Berthelson tried to ram the shell into the cannon it ex- ploded, sending a charge of burning powder and a battered cartridge into his hand. The boy was taken to the Central Emergency Hospital, where his painful injuries were dressed by Dr. Wilson. —_———— IMPORTANT CORRECTION., Monterey and Santa- Cruz Excursion. Excursion train to Monterey and Santa Cruz will not leave Third and Townsend streets ae‘?n at 7:15 a. m, Monday, July 4. Passen- r$ for these points will take train leaving a. m.; but the regular Sunday excursion ns leaving Monterey 6:10 p. m. and 6:05 will also be run northbound on Monday, p. reaching San Francisco 10:30 B D, m. ‘Work of Chinatown Squad. The report of Sergeant Christiansen of the work dgne by the squad in Chinatown for last month was filed with the Chief of Police yesterday. In to the land itself, but that the) view of the fact that there has been an injunction in force since January 26 restraining the police from interfer- ing with gambling or lottery places ' the report is looked upon as satisfac- tory. The total arrests were 129 and 40 of those arrested were convicted and paid fines, 19 were sent to jail and 70 were dismissed. The fines and for- feitures amounted to $272 50, —_——— Chages Man With Razor. - Aaron Sommer, & junk dealer at 535 Pacific street, narrowly escaped having his throat slit yesterday afternoon by infuriated Italian. Sommer and ichola Perito engaged in an aiterca- tion on Pacific street, near Kearny. Perito became enraged and dra razor c&ud the frightened jun] - er for three blocks, when he was cap- tured by the police and lodged in the City Prison on charges of carrying a weapon and making threats 1 Rights of State: long | a relief for maximum flood conditions , draulic engineer, who was brought to | the service | of that country were constructed. His ' of having been mooted by individuals | wing a k deal- REPUBLICANS WILL REJOICE Fiftieth Anniversary of the - Party’s Birth to Be Time for Great Demonstration [MICHIGAN HAS HONOR ! Registrar of Voters Gives Instruetions to Deputies i Regarding Precinet Work | ———— | Thousands of Republicans will be at | the Aflhambra Theater Wednesday night’ and each will have on his best | “bibb and tucker,” for his mother will be watching him, or else his wife or sweetheart will have her weather eye cpen to see how he is being received by the dear people for whom he is willing to handle politics. The Alhambra Theater has been dec- orated for to-day’s celebration, but on | Wednesday night it will be much more | | attractive, for the “Grand Old Repub- [llcnn Party” is to celebrate its birth- day in an elaborate manner. The peo- ple of San Francisco have been invited | to attend and they will no doubt be out | (in force. Ladies are to be special | | guests, and their presence will be an | | incentive for the speakers to do their best, and when the best is attempted | there is always a feast for the intelli- | gent. - | Many of the delegates to the National Convention at Chicago will have re- | | turned by the time Senator Edward I | Wolfe drops the gavel Wednesday night | and they will attend the anniversary | of the Republican party and assist in | the ratification of the men they helped | to nominate in Chicago. | FIRST PLATFORM. It is not generally known that the first out-and-out Republican platform | {adopted was passed upon at Jackson, { Mich., in 1854, but such is the case. Ou | the 6th day of July, 1854, more than 1000 people gathered at Jackson, Mich.. |and nominated a State ticket, which was headed by Kinley S. Bingham, | candidate for Governor. At the time the nominations were made a platform was adopted which contained many of the basic principles of the Republican party of to-day. One plank in partic- ular has been passed down to the pras- ent day and is an unwritten law of the party, though frequently expressed in the platforms adopted at the varions conventions throughout the Union. | is as follows: \ | Resolved, That in view of the necessity of battling for the first principles of Republican government, and agalnst the schemes of an | aristocracy,’ the most revolting and oppressive | with which the earth was ever cursed or man | debased. we will co-operate and be known as Repubifcans’” until the contest be terminated. | As the friend of the workingman the | party will demonstrate on Wednesday | night that that plank, adopted fifty years ago, is still one of the paramount ! features of the body politic as r?pre»i sented by the Republican party. INSTRUCTIONS TO DELEGATES. George P. Adams, Registrar of Voters, | has prepared the complete list of | the precinct polling places and instruc- tions to deputy registrars. One impor- | tant fact which electors should not: is| { the statement that any one who has | | registered since January, 1904, and has | since changed his residence cannot { have any change of address made hyi ! the precinct registrars. Changes cau | | be made at the Registrar's office in tha | City Hall only, and will have to be| made prior to October 13 in order to| | vote at the November election. The | precinet registration books will he; | opened Wednesday, July 6, at 10 a. m.1 and remain open until § o'clock the! | same evening. They will also be open the following day for the same hours, | | but after that any one wanting to vote | | at the primary election August 6 will | | have to register at the City Hall and| |do so by July 20. 1 i To-morrow night the Egan facticn of | the Labor party will meet at 32 O'Far- | | rell street to consider the plans of the | | campaign and the auestion of patek- | | ing up the differences between the two | | factions, The indications are that there will be no natching. P A S CITY OFFICIALS ASSIST IN ARRESTING A THIEF John Brandt Caught Stealing From F. S. Martin and Is Booked for Grand Larceny. John Brandt, a cook, was booked at the City Prison yesterday afternoon by Policeman De Guire on a charge of | grand larceny. Eighty dollars in gold | was registered as evidence against him. | | Shortly after 2 o'clock he entered the | | Jersey saloon, 905 Kearny street, lead- {ing by the hand F. S. Martin, a car- | penter, from Scotia. Martin was drunk. They sat down In chairs in the bar- room and B. Biatkowski, who is em- ployed in the place, saw Brandt open Martin’s vest and take something out of an inside pocket. Brandt ran out of the saloon, followed by Biatkowski, who soon caught him and shouted for the police. Brandt offered him half of the coin if he would let him go. Peter Duffy, one of the elevator men | at the Hall of Justice, and James R. | Murphy of the Coroner's office heard Biatkowski's cries for the police and ran to his assistance. Duffy found $80 in gold in Brandt's right hand and he and Murphy led him to the City Prison. On the way they met Police- man De Guire, who got Martin and locked him up as a witness. PRETTY TAILORESS CAUSES | TROUBLE BETWEEN BOSSES B Ph Sam Magnison Threatens A. Berglof ‘With Revolver and Is Arrested for Disturbing the Peace. Sam Magnison and A. Berglof are tailors and occupy the same store at 504 Kearny street. They are young men. Magnison has a pretty girl em- ployed as a tailoress, but she has ex- | pressed a desire to work for Berglof. Magnison blamed Berglof for in- : fluencing her. Berglof alleges that on Friday last Magnison picked up a pair of shears, and, coming close to him, made a remark that he did not care to live if somebody else were dead. Yesterday afterncon they met in the | store. Trouble ensued and Berglof ran out and told Policeman Cavanaugh | that Magnison had a revolver and had threatened to shoot him. Cavanaugh went to the store and found a revolver in Magnison’s pocket. Magnison was arrested for disturbing the peace. ———e—— May Have Committed Suicide. 'The Morgue officials were notified yesterday of the disappearance of - Samuel Damante on June 6. Since that time nothing has ben heard of 1402 Dupont street when seen. He ln% been despondent from continued expressed his inten- _umvf.im'l;plncmwm He is a widower, 53 years of age, has four taons, . i i PRAG ot There Will Be Something Doing at PRAGERS To-Morrow. Don’t Miss It. 1 1238-1250 MARKET ST. ALWAYS RELIABLE AT AMUSEMENTS. TIVOLIgsE: EVENINGS AT 8 SHARP. GRAND ULY 4 ,\‘IT MATINEE OPERA WITH Edith Mason Kate Condon Dora De Filli Willara_Simm: Arthur Cunningham John Dunsmure Teddy Webb I' fl u fl Wiiliam: Schuster Promenade Cirale, 34 Floor, Smokers’ Paradise Usual Tivoli Prices 50e, Tle. e, Seats Always Selling—Only Matines Sat G RAN HOUSE MATINEE TO-DAY. TREMENDOUS SUCCESS OF ‘MR. JAMES NEILL AND THE ORIGINAL NEILL COMPANY In a Superb Production of Clyde Fitch's Patriotic Drama, BARBARA FRIETCHIE Next Susday Mat.—Mr. Barnes of New York. REGULAR MATINEE SATURDAY. Special Summer Prices - I15¢, 25¢, 50¢ Best Reserved Seat in Orchestra, 50 cents. AMUSEMENTS. ALCAZAR " Commencing with SPECIAL ! ’lnzmnlucz DAY MAT. TO-DAY. One weck—Regular Mats. Thurs. and Sat Belasco & Mayer, Proprietors. E. D. Price, {WHITE [A¥0 e atcazan company | |WHITTLESEY... Presenting John : IONE W. V. ESNOND'S COMEDY | D ALY [Author of Whea We Ware Twenty-0ns First of Miss | Bva. Thurs | July 11- GENTRAL | Market street, near Eighth. Phone South 533, |SPECIAL MATINEE TO-DAY. Drew’s Success, a | AN Week—Regular Mats. Sat. and Sun | Theodore Kremer's Latest and Greatest Sue- | - | WEDDED AND PARTED | #tirs the Emotions! Thrills the Soul! Fascinates the Mind! Enchains Interest! Replete With Realism ¢ Eve | PRICE | Next—ALONG THE MONAWK. SPECIAL MATINEE TO-DAY, JULY 4. A Vaudeville Revelation! Leigh Brothers; Gillihan and Murray: Green and Werner; Inez de Wolf; Valerie Bergere and Company: Galla- gher and Barrett; John F. Clark: The Zarrow Trio, and A Trip Through Italy, Shown in Orpheum Motion Pic- tures. Regular matinee Every Wednesday, day, Saturday and Sunday. Pric and’ 50c. Thurs- 10c, 25¢ | cec A Splendid Show Every Afterncon and Evening in the Theater. ] TAKE A RIDE ON THE | MINIATURE ELECTRIC RAILROAD, | INSPECT CABARET DE LA M | Hear the PNEUMA YMPHONY | TRION. FIREWORKS TO-NIGHT! AMATEUR NIGRT THURSDAY. DON'T FAIL TO SEE 10c; Chil RT. Pl LAST DAYS OF o b NS EXTRA—SPECIAL MATINEE JULY 4. Commencing SATURDAY NIGHT, July 9, A LUCKY STONE. By Collin Davis and Frank M. Witmark. With thie extraordinary DOROTHY MORTO! cast: N, BEN DILLON, MATINEES SATURDAY AND SUNDAY. Same Popular Prices. Last times of Lionel Lawrence's “EIGHT RADIUM GIRLS. DON'T FAIL TO see the beautiful LOR, and the LA- DIES’ WRITING ROOM. Hotels 'THE WEEKLY CALL $1 per Year. 1S DACGHTER TAKEN T0 JAIL Mother Charges Pretty Six- teen-Year-Old Eva Pow- ers With Striking Her e Eva Powers, a pretty but wayward girl of 16 years, was arrested yester- day afternoon and charged with bat- tery. The charges are made by her mother, who says her daughter struck ber. The girl in tearful tones denies that she raised her hand against her mother, but makes the assertion that the elder woman tried to choke her with a strap which she wound around her neck. The case.is but one of many. The mother, trying to stay the reckless ca- reer of a wayward child and failing, felt herself compelled to use_drastic y easures. Eva Powers is a blonde with a rather pretty face. She is employed at A. Mautz & Co.’s dry goods store, 2536 Mis- sion street, as a salesgirl. Her father is a shoemaker and the girl has to work to help support herself. Her miother, Mrs. Cdtherine Powers, says that Eva repeatedly stays out late at night in company with young men. Much against the protest of the mother she went to the Chutes Friday night with another girl, Alice Tillotson, who resides in Alameda. There they met two young men, to whom Mrs. Powers had objected. The mother followed her daughter and watched the meeting, then ordered the girl Yesterday afternoon to go home. the quarrel over the young men was remewed. Mrs. Powers says that Eva struck her in ARMY OFFICER KILLS HIMSELF Lieutenant Garber of Artil- lery Corps Ends Life After Night With Friends HONOLULU, July 3.—First Lieuten- ant Guilford S. Garber of the United States artillery corps committed sui- cide at 2:15 o'clock this morning. He placed a revolver in his mouth and then pulled the trigger. He died soon after. Garber had been out with some com- panions the night before. He left the following note: “It's no use; I cannot stop drinking." He left also a check for $130 to the order of a friend, First Lieutenant Al- den Trotter of the artillery, and an- other check for $50 for his company funds. His accounts apparently are straight. Garber’s home was at Madi- son, Wisconsin. —_— face. She called in Policeman J. F. Dennan and had the girl taken to the City Prison on a charge of battery. At the jail Eva broke down and sobbed pitifully. She said that she did not strike her mother, but merely tried to protect herself from being choked to death. She, accuses her mother with baving placed a leather strap around her neck and choking her. Eva denies that she ever stayed out late at night, and attempts to give the impression that she is a model girl and a much abused one. Miss Powers expected her father to bail her out, but at a late hour las{ night he had not done se,,