The San Francisco Call. Newspaper, August 16, 1904, Page 14

T HE SAN FRANCISCO CALL, TUESDAY, AUGUST 16, 1904. — SIS EXPENSES ARE_ EXCESSIVE of the Charges Against State Board of Pharmacy DOUGLAS MAKES REPORT Documentary Evidence Is Taken and Examination Wiil Proceed This Morning | eeting of the commission | by Governor Pardee to probe s said to be| Board of Pbal-f day m g at of Senator John building. Da- e commission, and and F. propound- ertificates as at that exam- on evidence n hand except the book of the names, titles, and places of business of ning under the provisions to regulate the practice of embers of the State Board of Charles Rowley, president; r (both of Santa Barbara), ¥, J. J. Crowley and John re preseni during the in- ks of the State Board of d found that they were in Douglas passed criticism on expendi- tures through two sources which he thought ought to be remedied. The ras the unusually long sessions he board was aceust f which lasted for embers of the board were allowed $5 diem, and members who attended away from their homes were a day living expenses. Doug- | »ught this was excessive. ained of the attorney’s = in the Legislature of tete pharmacy law and law was up for pass- body. These fees Douglas stated that fees for servic 1903, when te Controller's office, and sequent order of turning State Board of Pharmacy’s was the first issued to aring will go on this morning clock { —_————— Dies of Lockjaw. Chin Sar Gow, an employe of the | Gate Woolen Mills, died at .5 Waverly place yesterday of lockjaw. About a week ago his hand was in- by being caught in the ma- hinery and lockjaw set in. ADVERTISEMENTS. You can’t find anywhere on earth a better POCKET XMNIFE for the money. I offer you a number of styles of handles. ineluding pearl BRING ME YOUR OLD RAZOR. I'm making a coliection of old Ra- zore and will make you a liberal of- fer for yours if you want a new one. 1 have good Razors as low as $1.00. ETAR SAPETY RAZORS Regular $2.00 kind—TI'm selling at $1.50. Two bars Williams' Shaving Soap, 15¢ Razors honed and ground. Honing, 25¢ Mai! orders promptly filled. THAT MAN PITTS F. W. PITTS, The Stationer. 1008 MARKET STREET, Opp. Pifth. SAN FRANCIBCO. New Fail and Winter Woolens ALL WOOL EUIT- INGS 1n all shades to order for $15 and $20 2nd $23, $27.50 and Fine imported English novelties to_order for trovsers. ... $5 to $10 | number P 830 1o You wiil save 25 to 40 per cent by calling on JOE POHEIM The Tailor Perfect fit and best of ‘workmenship guaranteed or 5o sale. 1710 and 1113 Masrket Bireet: SAX PRANCISCO. 14% 8. Spring Street, Los Angeles. Or.R. L Walsh Has Moved from 847 Geary to 580 GEARY ST. Reduced Rates for Thirty Days. 25¢ 201 SUPREME COURT DECIDES FOR'CITY Supervisors’ Acts Looking to Making of Greater San Francisco Are Held Valid, but Telegraph Hill Proposition Fails, A decision of great importance to the future welfare of San Francisco was handed down yesterday by the Su- preme Court. It decided that the issue of bonds for public improvements is valid. One exception to the decision of the ruling of Judge Sloss of the Su- perior Court is made In the case of the improvement of Telegraph Hill. Even this was not lost on the question of the Supervisors’ right to make such an ap- propriation, but for the reason that it fajled of the necessary two-thirds of the pubile vote required for the issu- ing of the bonds. When the speclal bond election was held for the issuance of bonds to cover the usés of city improvements d by two-thirds majorities. Law, a pitalist ayer of this brought and County of San train the issuing of that the Board of authority under uthorize the appropri- )00. This suit was de- Court, before favor of the city, and attorney, Henry C. to the Supreme Her- Sloss Judge 1 through Court. The attorneys for the city were City Attornes rey V. Long and As- sistant W. 1. Brobeck. | The reme Court answered the ap- peal ough a decision written by Jusice Henshaw i concurred in by all the Jjustices with the exception of Chief J e Beatty, who did not sign the dec The court sustained Judge Sloss’ decision in section No. 1 of the answer, as foliows: “Providing for the issuance, sale and redemy n of bonds of the city and San Francisco to the amount of 000 for the following pur- poses: 1—3$1,000,000 for the construction of a new City and County Hospital; 5,000 for the construction of a sewer system; 3—$3,695,000 for the con- struction of new schoolhouses and the improvement of existing schoolhouses, the acquisition of lands for the erect- ing thereon of new schoolhouses and also for additional lands for play- grounds for established schools; 4— $1,621,000 for the repair and improve- ment e accepted streets of the city; )00 for the construction of a new Cou v Jail and additions to the Hall of Justice; 6—$1,647,000 for the construction of a building to be used as a public library building and read- ing rooms and the acquisition of land for the construction thereon of said building; 7—$741,000 to be used for th acquisition of lands as public parks, to be used as children’'s playgrounds; 8—$330,000 for the acquisition of lands for the extension of Golden Gate Park northerly between Thirteenth and Fourteenth avenues to the Presidio; 8—$293,000 for the acquisition of lands for additional public parks in that por- tion of the city known as the Mis- sion.” PLAINTIFF SUSTAINED. The court sustained the appeal of Herbert E. Law on the issuing of bonds for “$597,000 for the acquisition of lands for additional public parks In | that portion of land known as Tele- graph Hill” on the ground that the | appropriation lacked the assent of the necessary two-thirds of the voters. The substance of the court’s decision in this matter is as follows: . It is contended that the proposition to issue bonds for the acquisition of lands for public Telegraph Hill did not receive the f two-thirds of the voters. The Elec- n Commissioners found that at the election 27,508 votes had been cast, of which 17,082 were in favor and 8187 were against. The re- is that 1150 voters falled to Mgister thelr | wiil in the matter. While admitting that the necessary two-thirds were in favor, it is con- tended that there should have been two-thirds of the total vote, otherwise the bond issue was not carried. It scarcely admits of doubt contemplates and requires the : thirde of all the vote cast and accordingly the proposition failed to carry On this point ali doubt is removed by sec- tion 4 of article 12 of the city charter, which d es: At least two-thirds of the electors voting thereon at such election ehall be necessary to cure such acquisition and to ssuance of municipal bonds thes Under the earlier charter provisions it would have been quite permissible to hold that the law meant that each proposition severally was | to recet upon 1it, e two-thirds vote of those voti but ex industria, this language has been changed so as to require a two-thirds | vote of those voting at the special election. Since these propositions were submitted sepa- rately, as the charter contemplates, the failure of one to carry dees not affect the validity of the others which have received the requisite of vote. The decision of the Supreme Court in the other clauses under considera- tion is summed up in the following words: The judgment of this court therefors is that | | the judgment of the trial court is affirmed as to all save the cause of action touching on the acquisition of Teiegraph Hill for a public park. to that cause of action, the de- » | murrer of the defendants is to be overruled, if the proofs of the plaintiff, upon trial, shall correspund to the allegations of the complaint, then upon that cause of action to enter its Ju_d[menl in accordance with the complaint. We concur. (Signed) Hensnaw, McFarland, Shaw, Angellotti, Van Dyke, Lorigan. The -charter provision state subject should be embraced in & decision. Th. clause was taken directly from a provision of the State constitution, which has been inter- preted often by the Supreme Court as a “di- rection merely, persuasive only to the minds ot the legisiators,”” and in no sense mandatory. The Supreme Court hoids that in this case ‘the distinet subjects were all germane, and might rightly be Iucluded in one ordinance.’’ COMPREHENSIVE TITLES. The action of the court on this mat- ter is as follows: The charter provides in article 2, ch 1, section 2, that an ordinance shai cmbrace but ome subject which shall be expressive of . If any subject be cmbraced in an ordinance end not expressive in its title, such ordinance ehall be void as to 8o much thereof ©s is not expressed in its title. Several courts have decided that this clauee was left to the consclences of the lesislators. Nor is this peculiar to this State, the same being the cus- tom in other States where like proyisions ex- isted and the eame construction was given by the courts. There is no mandate in the char- ler of the city and county of San Francisco corresponding to that of the constitution of the State, and therefore it will be mutficient upon thia subject to declare In accordance with the uniformi construction of such provisions that it is directory with the legislative body alone and not a subject of judiclal cagnizamee But it may be added that, even if the provision be regarded as mandatory, the ordinance in question “that of incurring ‘a bonded indebted. Referring to the bonding of sewer expenditures, which was also attacked under the same article, it was held that the provision was_to be made for sewer expenditures by using a speci- fied sum to be taken for that purpose from the annual tax levy. The court's dccision on this matter is embodied in the following excerpt of paragrapn 2 of the Supreme Court’s decision: It i= contended that so much of the ordl- nance as provides for thé issuance of bonde for the sewer system Is vold on the ground that the charter provides that the Supervisors are limited to power to provide in the annual tax levy for a special fund to be used In the construction of & general system of dralnage and sewerage. But the provisions of the char. ter under famillar rules of construction are 10 be taken as & whole and are to be construed harmoniously. In article 16, section 29, charter says: ‘“When the Supervisors shail de. termine that the public interest requires the ccnstruction or acquisition of any permanent municipal bullding or improvement, the cost cf which in adéition to the other expenses of the city and county will exceed the fncome | end revenue provided for the city and county for one year, they must, by ordinance passed by the affirmative vote ‘of not less than four- teen members of the board, submit a proposi- Jast September all the proposals | were | and heavy suit | P IN BOND CASE Because of Lack of Votes| tion to Incur a bonded indebtedness ‘for such DUrposcs to thes electors of the city and county £t a special meeting to be held tor-that pur- poee only.”” The simplo and only construction Is that ‘thers are no conflicting but Jlistinot methods to be used at the discretior the Supervisors as circumstances justify. The ruling of the courgln regard | to the lands to be acquired for the use of the city as public parks tor, c]\lldren is Interesting andginstructive. ! The plaintiff insisted that®to acquire lands for public parks for children’s playgrounds is beyond the power of the municipal authorities and there- fore void. The answer thereto is apt and forcible: | No person will question the wisdom of such | an acquisition in a densely crowded muniel- | h_play- und that it is a rpose to devote some of n's parks, so long as the ot denied ' access thereto, provided for the amuse- bicycle and autogo- no provisions tre of the children. ! de the act of i to confer that power upon the city, t urged that the bonded indebtedness ed may exceed the 15 per centum sed value of all real and personal perty In Sun Francisco, thus violating the provisions of th but as the assess- ment roll of San and us 15 per ce ¥ parks ment of adults, such hs and drive ntegplated bond fssue 15 but 71,000, it is not appurent how appellant's \'NAB READY FOR THE FRAY Democratic Local Conven- tion to Meet at Alhambra Theater To-Morrow Night O’BRIEN IS OUTFLANKED Regulars Will Prepare the Temporary Roll of Dele- gates and Elect Chairman The Democratic local nominating con- | vention will meet and organize at the Alhambra Theater to-morrow evening. When the county committee, Thomas W. Hickey chairman, met at Native Sons’-Hall on July 7 and issued accord- ing to law the call for a convention of the party no time was fixed for the lo- cal convention to assemble. The chair- man of the committee has now desig: nated August 17 as the date. The tem. porary roll of delegates for the local convention will be prepared by the chairman and secretary of the Demo- cratie City and County Committee. The framers of the official call did not 000 Deglect to insert the important provi- ston relating to the temporary roll. Affairs seem to be shaping up for a 1 big row in the Democratic convention. | O IO KILL FRENCH POODLE | WAOR EOCCJ{‘BLSRED Wounds the Animal by Smiting It With a Cleaver i i A ts That and Its Mistress Emphatically Asser Girepes’s Tury Brands X and Ardenyi as Being Both the Cruel Blow Was Dealt Without Provocation Incapable and Negligent Tears dimmed the dark eyes of Mme. | dren if he were sent to jail. The Judge Madeline Cotin as she :xhi]blted t: i !igelx‘); a!;e o g;:c;:lre‘n:dm‘-] ::;u Yt Police Judge Cabaniss an ugly woun® | ‘o, ine v amend his ways if he de- | QJ7 ST Y v in the starboard side of her French ‘ sired to efirudo a long term of imprison- SUPPRESSING A CRIME poodle, Fifi, and told how it had been | ment. John proceeded from the court- made by a cleaver in the hand of Ah|yoom to his residence, where he gath- Hing, pork butcher in Chinatown. ered up and pawned all his spare ward- “Ah, monsieur,” she exclaimed, “eet'robe and with the money thus obtained was ze ver-ay cru-el blow. My pam-J he got drunk and went home and beat Fi-fi him injaire no-bodee. Heem see | hiS wite. F | “It's useless to try to stralghten him ze dead pig hangin’ naked in ze shop | o ." o\ S\ el 1o o adee ! |Dr.. I.?land Lea From Distriet Attorney That a Prosecution Is Tmpossible of ze Chi-na-man an' heem go een an’ ’ yesterday, “and I don’t care what you e smell ze pig. Pouf! Ze Chi-na-man | 4o with him.” { Censure, direct and - heem throw ze cleavaire an’ eet strike | “You seem to be a thoroughbred | dealt out ¥ & | out yest ¥y by a ze poor Fi-fi een ze reebs. Eet make | human brute, John O'Donnell,” said the ze great hole. Ze blood come queeck 'Judge to the defendant, “and jail is the an’ ze poor Fi-fi heem ron an’ cry. | best thing I can prescribe for your dis- | Jury to Dr. Joseph Ardenyi and Dr. J. J. Moyer for the death of M ease. When do you want to be sen-|Cohn, wife ¢x Abraham Cohn Mfi,," E&S‘M atfecting aescription of} S oooat: | Howard street on Aususti. A me. Cotin's “Right now,” was the growling re- t e e the assault with a deadly weapon was oo 8 L c"mgj ;1! death followed septicaemi | caused by a criminal operation by pe; corroborated by her husband, Jules, of | 1119 Dupont street, who added some ar: imony to offset| . v | Sl‘f;”;glesc“u“; e oeation “that the de- | _“I don't like your town,” said Jennie | s : z re- | Snyder to Judge Fritz, “and if you let | ;fi:—?:;tti alf’s‘lfl);?lexy ‘;{aes ;gga;;n;g l:and me go I'll get out of it Just as soon as I | educated dogs of various breeds and | can. degrees of intelligence, but never had Your departure would be a sad blow | he met a brighter or more discreet to the town,” quoth the Judge, “but it canipe than Fi-fi. If Fi-fi entered Ah must be borne, I suppose, after you Hing’s shop uninvited and smelt of the have served the twenty-four hours to deceased swine, his prompting was de- | which I now sentence you. void of malice, or even mischief, and | T e, consisted solely of the inquisitiveness— | George Leibert and his wife, Mary, | the investigatory instinct—that was | dwell apart, and with the woman their | sons unknown to the ju the evidence showed that a s operation had been performed Ardenyi and Moyer, on to say: Said perfo “'Six months in the County Jall." T by Drs. the verdict goes fons, according to the testimony, ontention In this regard can be upheld. imbmhm Gavin McNab's followers are in posses- ' that but oneq o | ! REMAINING CLAUSES. | The plaintiff claimed that education was under State jurisdiction and that | the ordinance calling for new schools | is invalid. The court denied this and |said that the city authorities might provide for new schools by issuing | | bonds. The court's review of the other | clauses was exhaustive in the matter | of references to former decisions and |rullngs of previous authorities, but short and concisd in its answer, de- | claring that the action of the Su-, | pervisors in all cases was within their | rights as defined by the charter. | The Board of Supervisors yesterday | |adopted a resolution directing the | clerk to omit from the notice of sale of the bonds of the city and county 80 much of said bonds as may have been declared invalid by the Supreme | Court and also to omit from notice of |btds for printing and lithographing | sald bonds all bonds that may have | been declared invalid by the Supreme | Court. H | Supervisor Braunhart said that the Telegraph Hiil proposition would be | again submitted to a vote of the peo- | | ple at a special election, together with the Twin Peaks Park proposition, that | was defeated at the recent bond elec- | tion. —_——,—— PUBLIC ADMINISTRATOR | WANTS CUSTODY OF ¢ MS| | i | Temporary control of $1500 worth | | of jewels now in the custody of the ! | property clerk at the City Prison is | | sought by Public Administrator M. J. | | Hynes, who yesterday applied to the | | Superior Court for special letters of | administration upon the estate of Mrs. | A. Lippe. | The woman dled at Agnew asylum on August 8, after being in the insti- | tution for a couple of weeks. Mrs. | Lippe was the wife of a prize fight ! promoter from the Hast and left him. She was arrested on the streets of | San Francisco for drunkenness and | | while in prison assauited her cellmate. She proclaimed that she was the | “queen of the pickpockets” and made | other statements which convinced IJudge Mogan that she was insane. From jail the woman was taken to the Central Emergency Hospital and from there to Agnew, where she died. | ————— Decides for the Chief. A case was decided in Justice of the | Peace Golden's court yesterday for the | defendant in which J. B. Whitney | | brought suit against Chief of Police | | Wittman. Whitney had placed $62 in | | the Chief’s hands to pay the expense’ of bringing Rennie Thorsch, a default- |ing employe, from Los Angeles to this | |city. Thorsch was returned to San Francisco and Whitney brought suit against Wittman for the money on the |ground that the Chief of Police has | |a fund of $10,000 allowed him for the | |arrest and transportation of persons ' charged with crime. Justice Golden | held that the charter did not contem- | plate the use of the fund in the appre- | | hension of persons outside of the city and county by the Police Department | of San Francisco and so decided in fa- vor of Chief Wittman. Sue for Return of Stock. The neglect of Seropian Bros., deal- ers In fruits and raisins, to perform the terms of their agreement with James B. Bell and A. Dalton Harrison for liquidation, after the former firm’s failure, is alleged in a suit begun yes- terday against O. J. Woodward by Bell & Harrison. The plaintiffs’ de- mand that Woodward turn over to them 43¢ shares of stcck in Seropian Bros., which he keld in escrow pend- ing the liquidation. The stock, it is said, was deposited as security against the efforts of the plaintiffs to settle up the affairs of the fruit concern and in the process of settlement they have paid out more than $1560,000, no part | of which has been repalid, it is alleged, excepting funds received from the liquidation account. Damages for Broken Spine. H. R. Ekstrom and his wife yester- day began suit for $25,000 damages against the United Rallroads for in- juries alleged to have been received by Mrs. Ekstrom on August 16, 1902, | The complaint sets forth that the | woman boarded a cable car at the | ferry building and was alighting in | front of the Parrott bullding on Mar- | ket street when the car suddenly started. Two ribs and the lower ver- tebra of her spine were broken and Tfll;e was, she says, made a cripple for e. — “IT'S GHIRARDELLI'S” i THAT'S SUFFICIENT." 1 | | 2000 POUNDS— ONE TON—i-lb. cans. GHIRARDELLI'S + BEST COCOA AND CHOCOLATE. A ton of GHIRARDELLI'S . CELEBRATED GROUND CO- COA and CHOCOLATE (2000 1-LB. TINS) will be distributed to want advertisers in The Sun- day Call issue of August 28, 1904. See want ad announce- ment Wednesday, August 24, for full particulars of this splendid premium offer. ‘and the money was paid. | School sion of the works and will make up the temporary roll, hence the Horses and Carts will get no advantage in the first mixup. The McNab factio elected 97 of the 168 delegates, and therefore has a clear working majority of 26. It is highly probable that Charles J. Heggerty will be put forward as the choice of the minority faction for chair- man of the convention. votion to the principles of the party is unquestioned. He stands so high in the favor of Democrats of the O'Brien school that he is prominently men- tioned as the party's candidate for the office of United States Senator. His voice has not that penetrating, far- reaching quality which is supposed to lend special strength to a Senatorial aspirant, but otherwise he is fitted to receive such honors as a Democratic minority caucus may bestow. Practice in the open air under the instruction of a skilled master in voice training should make Heggerty an ideal candi- date for the Democratic compliment. Gavin McNab entertains t. > notion that Heggerty does not possess the all- around accomplishments which the chairman of a Democratic local nomi- nating convention should be able to display. In Democratic circles Mr. MoNab is regarded as an expert in the line of organizing conventions. Thomas W. Hickey, chairman of the Dergo- cratic City and County Committeee, ac- cepts Mr. McNab's judgment without question or quibble. Any hes:.--.cy in such acceptance would .ost Hickey the chairmanship. Therefore Hickey holds to the belief that some one other than Heggerty should be chairman of the convention. Ninety-seven Democrats, whose names will adorn -the temporary | roll to-morrow night, wilt acquiesce in the views of McNab as expressed through Hickey. The minority delegater. consisting of the Horse and Cart faction of seventy, will probably make a deal of noise, and then get into line under McNab's lead- ership. There is some talk to the ef- | fect that O'Brien will bolt, organize a rump convention, make nominations and appeal to Ruef and Schmitz for recognition on the official ballot. In that manner it is said that the regu- lar McNab nominations could be ex- cluded from the Democratic column of the ballot. The regular Democrats do not talk of nominating a ticket at the present time. The avowed purpose of the early meeting is to organize the convention and pave the way for an effective investigation of the frauds perpetrated on the day of the primary election. Inquiry has already disclosed the fact that thirty votes in one precinct of the Forty-third Assembly District were cast by stuffers. Gavin McNab is firm in his determination to bring all the| facts to light, so that the names of the men who hired the stuffers may be given to the public. ————— Mr. John McKinney, Representing Kelly's Directories, Ltd., of London, England, is in the city. He is here in the interest of the directory pub- lished by his firm of the Manufacturers and Shippers of World.” This directory is known all over the world as a reliable guide to shippers, wholesale merchants and all classes of business men. It contains a list of the nh(gplng flrtms. } Snook & Co. manufac- | defendants wholesale dealers, banks an turers and other useful information for business men. Fach and’ indexed. The last edition was the 16th, containing over 4000 pages, indexed in English, French and German, and cov- ering all countries in the world. BB o PR AR CHARGED WITH PASSING A FORGED INSTRUMENT —— Charles Schoene, Saloon-Keeper, Se- cures a Warrant for the Arrest of Hervey E. Johnson. Charles Schoene, saloon-keeper, 99 Third street, secured a warrant from Police Judge Conlan yesterday for the arrest of Hervey E. Johnson on a charge of passing a forged instrument, The warrant has been placed in the hands of Captain Martin, who has wired to various points asking for Johnson's arrest. On August 4 Johnson called at Schoene’s saloon and represented him- self as secretary of Columbia Aerie of the Order of Eagles at Vancouver, Wash. He sald he needed money and produced a draft on the Commercial Bank, Vancouver, for $250. It was in his favor and purported to be signed by C. 8. Burchfield, president of the aerie, and indorsed by Frank Lackaff, treasurer. It purported to be for a loan for &ix months at 3 per ¢ent interest on collaterial security. Schoene took Johnson to his bank The draft was later protested as a forged instru- ment. It was returned and Schoene is held responsible for the amount. —_———— “Scenic Treasures of California,” the most complete souvenir book ever issued; price 75 cents. Souvenir department, Sanborn, Vail & Co., 741 Market st. ¢ S i — May Be Park Commissioner. Mayor Schmitz stated yesterday that ! while he had not as yet made up his mind as to his choice for Park Com- missioner to succeed Altmann, that Earl Cummings stood an excellent chance for appointment. Cummings is highly recommended for the posi- tion and besides has the support of Altmann, who resigned to accept a Directorship. Altmann as- sumed his new duties yesterday, re- ceiving a cordial welcome from his colleagues, Herman Armer, usher of the board, caused Altmann’s office to be decorated with a profusion of rare flowers and exotics. Altmann will be on the committee on high schools. —_——— Our good printing works while you pleep. Edward Knowles m.lluuln..' “Merchants, | i;terest on September 24, 1902 the | guit is for $818 93 against the Puget Heggerty's de- | 1 | | | i { | year it Is revised The defendants other than the trustees I ! Fi-fi would starve to death sooner than |and | fined him $5. % such a charming trait of his nature. four children reside at 113 Grove street. No, there was no danger whatever of It was there that George disturbed the Fi-fi's appropriating a portion of the peace and was arrested for it last Sat- jon Dr. Ardenyd o the jury that admitted under oath carcass. To smell it and thus satisfy | urday on complaint of Mary, who tes- | . s 3 2oy his curiosity as to whether it was gen- | tified that he Insisted on taking away | o B2d signed a death certidcate om uine meat or a cleverly fashioned imi- | his progeny in violation of his verbat | Which he had writ falsely that tation was as far as Fi-fi would have | pledge to let them remain with their gone, even if the cleaver had.not in- | mother. George did not deny that he terrupted his examination. How did M. Cotin know that? | wanted to obtain possession Simply because | youngsters, and explained that his rea- | of M. Cotin knew that Fi-i was amply | 5on for it was based upon the way in fed at home and that pork was no part | of his regimen. Pork might be relished | by such persons as the defendant, but | taste it, so attuned had his palate be- | come to the confections bestowed upon | him by an indulgent mistress. | maternal relative. which they were neglected by their Witnesses, however, testifiled that the children were as well cared for as could be exvected under the circumstances, and then Judge Ca- baniss told George that he must either | pay a fine of $30 or serve thirty days the | death had been caused by heart faile ure. He explained that he believed at the time that the woman's death had been caused by the anesthetic and he desired to shield his young friend, Dr. Moyer of Mayfleld, from any blame in the matter. Coroner Leland consulted District Attorney Byington with a view to hav- ing Ardenyi prosecuted and punished for having issued a death certificate In which the cause of death had been Is it necessary to state that no | e credence was. attached to Ah Hing's | P Jail SN knowingly concealed and a different plea that Fi-fi's intent as he ap- cause substituted. Byington advised proached the pig was unmistakably | When the policeman had testifled that | the Coroner that the essence of the larcenous and that the cleaver was | hurled not to inflict bodily injury, but merely to intimidate? The Judge! glanced once more at Fi-fi's wound Mme. Cotin’s moistened orbs, rubbed his own eyes and with faltering voice pronounced Ah Hing guilty and John O'Donnell, longshoreman, will be absent from the water front for six months, and his wife believes that her deprivation of his society during that period will be more than compensated for by restored peace of mind and im- munity from assault and battery at his hands. The O'Donnells dwell at 115 Jackson street, and about three weeks ago John was arrested and charged with dis- turbance of the peace, the complainant being his better half. She told Judge Conlan of a long course of neglect and abuse by the defendant, but pleaded he found Archibald Kegler, tall, ragged, unkempt and charged with vagrancy, drunk and incapable on Market street at midday, the defendant smiled de- rieively and spoke as follows: “That is simply a repetition of the old story that In this city the law is discriminative. If my clothes were new and fashionably cut I would not be here. Thia policeman would have placed me in a hack and sent me home. But he knew I was only a poor working- man. That's why he arrested me, and | not because I was drunk.” “Let me lock at your hands,” sug- gested Judge Fritz, and Archibald Keeler submitted for inspection a pair of palms that displayed more soil than evidence of toil. Further inquiry elic- ited the information that to the xnowl- edge of the police Mr. Keeler had in- dulged in no manual labor harder than begging sinc: he came here from no- where or anywhere three yecars ago. inability to support herself and chil- | Then he was remanded for sentance. -— “JESSUP FUND” HEARING 1S TAKEN UP IN COURT Trustees of Home for Feeble Minded Children Sue Predecessors in Office. The hearing of the two suits by which the present board of trustees of the California Home for Feeble Minded Children attempts to recover the money of the “Jessup fund” ex- pended by the preceding board was on in Judge Seawell’s court yesterday and will be taken up again to-mor- row. Attorney General U. S. Webb is looking after the case for the State institution. Witnesses were heard as to the receipt of the fund, its deposit and ‘subsequent use. An inmate of the home was Louis B. Jessup. His mother, Hannah M. Jessup, left $3000 to the institution, the profits to be used for the benefit of the boy and after his death the fund was to be used for the good of the home. It is charged by the pres- ent board of trustees that the former board received $3676 80 principal Bnd ne Soufid Lumber Company and the for- mer trustees, and the second against the same trustees and James A. It is charged that the in each case misappro- priated the money to thelr own use. are the persons who received the money expended by the trustees for purposes which were not, it is said, within the purposes of the fund. P —— Ye Olde English Inn, 144 Mason st. Best things to eat l‘nd arink at Jules’. —_———————— Philippine Teacher Wanted. The United States Civil Service Commission announces an examina- | tion at San Francisco, September 14, for the position of teacher, Philippine service. Age limit, 20 to 40 years. Apply to the United States Civil Ser- vice Commission, Washington, D. C., or to the secretary of the Board of Civil Service Examiners, Postoffice building, San Francisco, for applica- tion forms 2 and 375, which should be filed with the commission at Wash- ington. —_——————— Father Scalded to Death. Because their father, James P. Her- bert, died from a scalding received in a “melted, flery mass” of bitumen, his three children have begun suit for $50,000 damages against the City Street Improvement Company. The suit is brought by the widow, Hannah Her- bert, as guardian for Hannah, Mary and Rose Herbert, minors. The father was working for the defendant com- pany on May 1, 1903, and in opening the door of a bitumen kettle was struck and thrown into its contents. Hc died from his burns the following day. £ ————————— Home Influence Immoral. Frank J. Kane, secretary of the Pa- cific Humane Society, yesterday peti- tioned the Superior Court for his ap- ntment as guardian of three chil- g::n—Ersma‘ Ermelinda and Elena Colzio. The oldest is 13 and the ' st . 6 vears. They are now !’:"‘.ggecure of their father at his home, 414% Green street, which home is said to have been the scene of acts cal- culated to ruin the morals of young girls. Old Man Missing. John Scannell, 74 years old, was re- ported to the Coroner yesterday as having been missing since Sunday afternoon from his home, 869 Mission street. Scannell had been sick for a lorg time and was demented occasion- ally. PRISONERS CHARGED WITH BURGLARY PLEAD GUILTY Louis Plerce, an ex-Convict, Is Tried for Robbery, but Convicted of Petty Larceny. Louis Plerce, an ex-convict, was tried for robbery in Judge Dunne's court yesterday. He was convicted of petty larceny and will be sentenced on Saturday. He was accused of knock- ing down and robbing John Abbott, a stranger, in front of 6041 Missfon street. The amount alleged to have been stolen was $42. Edward Miller Peterson pleaded guiity in Judge Cook’s court to a charge of burglary and John Benson and Thomas Gere to a similar charge. Their cases were continued till to- day to hear evidence as to the degree of crime. Peterson entered the storehouse of Henry J. Prien, 1253 California street, on June 12 and stole some tools. Ben- son and Gere entered the room of Howard Love at the residence of Wil- liam Blyth, 511 Taylor street, on the morning of July 14 and were dis- covered by Mrs. Blyth, who raised an alarm that led to their arrest. | | crime, according to the Penal Code, was the filing of such a certificate and that, as Pr. Ardenyi had not flled the paper, but had given it to the under- taker, and as Detective Edward Gib- son had taken it from the undertaker it had not been flled and no progscu- tion could be had. Dr. J. J. Moyer of Mayfield testified yesterday that upon invitation of Ar- deny! he administered one and a half ounces of chlorcfo to Mrs. Cohn while Ardeny! pert. ed the operation of curetting, the operation occupying | about one hour. He admitted that he had not ex- amined the woman's heart before ad- ministering the anesthetic, but sald that he had feit her pulse and found it normal. Moyer sald that he did not observe condition until the end of the opera- tion. “How much experience have you had in giving anesthetics?” the Coroner asked. Moyer refused to answer and main- tained a dignifled silence and the Cor- oner forbore to insist upon a reply. Ardenyl told the Coroner that Abraham Cohn, the woman's husband, had informed him that his wife had been the victim of malpractice at the hands of persons unknown to him and requested Ardenyi to attend her and do what he could to save her life. On the previous examination Cohn swore positively that he was unaware of his wife's condition and that he had no knowledge whatever as to her having undergone any kind of a surgical or other operation before he called for Ardenyi. ——————— Greenberg & Greenberg. $2 00, $2 25 white lawn waist to-day only 98c; $5 50 black taffeta il skirts $2 48, 31-37 Grant ave. e — Says Label Is Infringed. A sult for $25,000 damages for in- fringement of a label and name has been begun by the Whits Rock Min- eral Springs Company against the Ferndale Spring Water Company of Contra Costa County. The plaintiff is an Eastern concern. Judge Hebbard {ssued a temporary restraining order in the case yesterday. ADVERTISEMENTS. Not one peany added to our pricesif youbuy on time. We are selling from four to a dozen pianos every day; some of them are pianos which have been used, but many of them are absolutely new fastru- \price ments. Choice is now offered from our entire stock of . 7 new pianos—samples sent us from which to choose styles, instruments dropped from catalogue and pianos not of our regular stock—several different makes; also good old makes in used pianos. $275 to $300 and $350 new pianos will be offered during the remainder of this week at $125 to $175 and $275. Used pianos, both square and upright shapes, at $65 to $75, $100, $130, $150 and up. Such makes to choose from as Fischer, Kimball, Kramer, Kohler & Co., Bach- man, Mason & Hamlin, A. B. Chase, Knabe, Hobart M. Cable, Hofimaan, Schiller, Smith & Nixon, Kurtzmana and others. This week gone and this sale - will be a thing of the past.. .. Our prices are selling Pianos every day to people who come to our store with no thought of buying a Piano, and to peeple who had not ex- pected to buy within the next year or two. day you can make an appointment with a salesman to show stock during any evening this week. KOHLER ® CHASE Largest Music House on the Coust) Corner Post and Kearny Streets, San Francisco If You Need a Piano If you want a strictly high grade instrument, one which will last a lifetime of anything like fair usage, you should not miss this R If you cannot call during the you this ~ that the woman was in a aangem\u’\ -