The San Francisco Call. Newspaper, August 19, 1904, Page 3

FRANCISCO CALL, FRIDAY, AUGUST 19, 1904. ALUATIONS ARE NOT T0 State Board of Equalization Will Allow the Assess MUST FIGHT SUIT 0N MERIT Recorder Pryor Overrules Demurrer of Marriott in the Street Poll Tax Case {VALIDITY IS UPHELD ments of the Various Coun- ties to Stand as Presented STATE TAX RATE WILL BE REDUCED Forecast Based Upon the Estimated Value of Tax- able Property Indicates It Will Be About 54 Cents e Special Dispatck to The Call SACRAMENTO, Aug 18.—The State Board of alization practically year to- tes of all the mem- lved to let vote for for e that he the coun- nine appear, i ento an on makes s of all the 070,249. The - d, = 9,000,000 t s s of last ted by the S s and Brown ssessor D: ameda County wat since his shown effect a eda’s assessment 6 e ——— MOTHER PLACES CHILD NEAR DEN OF SNAKES Reptiles Hold Feast Over the Little One While Parent Is Picking Berrics a5 In s the the men when falien her * n upbraided S witt placed the child I x ost next to a big e =. The child died wis RS GIBY ASKS PROTECTION FROM “HOLY JUMPERS" San Bernardino Maiden Says She Is Beaten by Her Father, a Leader in the Band. INARDINO, Aug. 18—Flor- 16-year-old girl, appealed | ris this afternoon to re- her father, who is one of a band of “Holy e showed marks of her father had until the blood | because she s that the band has been a number of towns, the last Angeles —_—— | DESERTER FROM THE ARMY | IS CAPTURED AT RENO | rus out o Ex-Officer Admits His Identity and | Will Return to California With- out Requisition. | RENO, Nev., Aug. 18.—William Cody, | a deserter from Mare Island, was cap- tured Here to-night by Constable Wil- He was recognized by tattoo | on Cody admits his ¥ and promises to return to California _without requisition papers. s said to be an ex-army officer, ng deserted about three months —————— Will Revive Ladies’ Tournament. "RAMENTO, Aug. 18.—The State = have resolved to revive re known as the ladies’ eques- tournament at the State Fair, us_next Monday, and with have offered $150 in cash fér five prizes, $50, $40, $30, $20 and $10 respectively fhie- In - _ADVERTISEMENTS. Cufierers from DY SPEPSIA ot only find relief, but an sbsolute ¢ure irom this distressing trouble by using &lycozoné In order to prove that this absolutely barmless remedy cures catarrhal in. { fiammation of the stomach, I will send TRIAL SIZE BOTTLE FREE on _receipt of 25 ceuts 1o pay pos _ GLycozose mot only relieves, but it cures In this it difiers from what you have used . 610 Prince St., New Yerk, for free Booklet * Hew to treat diseases, ming hundreds of wmselicited tescimentals | and deprives him of CONVICT | Involves Right of Sausalito Trustees to Make Special Levy for Improvements BT SAUSALITO, Aug. 18. tice Pryor to-day overruled the r of Fred- erick Marriott questioning the consti- tutionality of the street poll tax. Mar- riott has two days in which to plead Judge Pryor in his opinion says in part: “This is a criminal action brought by the people of the State of Cali- fornia agamnst Frederick Marriott, charging him with having violated ordinance No. 125 of the Board of Irus- tees of the town of Sausalito, to wit: Having failed, neglected and refu to pay his annual street poll tax. The defendant appeared in court at the time set for arraignment and fied a written demurrer “The act of the Legislature creating the Recorder’s Court in cities of thy sixth class has conferred n it con- current jurisdiction ,with the Justice Courts and provides that the mode of procedure in the Recorder's Court shall be the same as are or may be pre scribed by law for Justices’ Courts in 1 r presents for consider- nal points, to which all 3 Does the proceeding ient within the prov of Ordinance 133, to ap- prise the of the nature of the him? Second—Is the constitutional The court will give its views upon these questions in the inverse order of their statement. Does the ordinance levying a street poll tax and prescribing a penalty of fine and imprisonment for refusai to pay conflict with the constitution, or iolate any general law of the State® It is asserted, with much earnestnes: that because the constitution, article XIII, section 12, provides that ‘The Legislature shall provide for the levy and collecction of an ann I tax, to be ‘paid into the State sch nd,’ that no other, further or diti.. poil tax shall be levied by authority 1 If the maxim expressio unius est ex- clusio alterius were to be alone re- sorted to, and if this court were sitting as a tribunal of last resort in a case of impression, the argument might recommend itself to weightier consider- ation than the court is inclined to give n the first place, the legislative construction given the above article of the constitution is entitled to much weight in deciding the matter, so far is court is concerned. the case of Sam Wah on habeas corpus, the Supreme Court, by Justice de Haven, considered at some length the question whether a statute making it an offense to obstruct an officer in the collection of ‘any revenue taxes on sums of money in which the people of the State are interested,’ could be ap- plied to the resistance of a person to a municipal officer of a town of the sixth aw first class in endeavoring to collect ‘a street poll tax.” The learned Justice in deciding the matter never gave an ut- terance to the effect that the ‘street poll tax’ was unconstitutional. It is irue th nint was not presented for rati but if its unconstitution- ality was so plain and palpable it would never have escaped the 3 Judges who interested themselves in the law of that case “It is sufficient for this court that the act of the Legislature creating the court has granted to the trustees of municipal corporations of the sixth s, in language so plain that it is not susceptible of misconstruction, power to ‘impose on and collect from every male inhabitant, between the ages of 21 and 60 years, an annual street poll tax not exceeding $2.’ The court will now consider the suf- ficiency of the complaint. “The complaint alleges in substance That on the 15th day of July, 1904, the defendant was a male inhabitant of usalito and within the required age to render him liable to the tax. It then proceeds to charge in the language of the ordinance that he has willfully and unlawfully failed, neglected and - re- fused to pay the tax, on or before the 30th day of July, 1904 “The complaint may not be a model of pleading or a precedent to follow, but in view of the provisions of section 960 of the Penal Code, the court deems it sufficient to apprise the defendant of the nature of the charge against him no substantial right. “It is therefore ordered that the de- murrer be overuled and the defendant will plead to the complaint.” —_———— ZISCAPE FROM SAN QUENTIN PRISON Officials Believe Man Is Hiding in the Grounds and Hope to Re-. capture Him. BEAN RAFAEL, Aug. 18.—Bert Short, a convict at San Quentin Prison, made | his escape sometime this afternoon be- fore lockup. Short is from San Fran- cisco and is serving a 10-year sentence for burglary in the second degree. The prisoner had been working with the waterfront gang, comprising about twelve men, who are guarded closely. The escape was kept very quiet by the prison officials and up to a late hour to-night no outside police officials were notified. The officials at the prison think the man is hiding on the grounds and hope to catch him in the morning. ——— FIRES RAGE IN NORTH AND DO GREAT DAMAGE Flames Under Control in Oregon, but Washington Is Not So Fortunate. PORTLAND, Ore., Aug. 18.—Reports from the several sectionis of this State which have recently suffered severely from forest fires indicate that condi- tions have greatly improved within the past twenty-four hours and that the timber fires are under the control of the fire fighters, No such encouraging news is re- ceived from Washington, however. Fires are still raging in the great for- | ests of that State, doing incalculable damage. —— Fires Rage in British Columbia. VANCOUVER, B. C.,, Aug. 18.—Ow- ing to the long continued dry weather forest fires are spreading throughout the interior and along the coast of British Columbia. Practically every district in the province which is wood- | has its fire and great tracts of valuable timber are ablaze. Nothing but heavy rains will prevent the fur- ther spread of the flames. Thgre is so much smoke in the air that navi- gation is rendered difficult, > Shows Its Mettle | i || | | | i | | . BY FRED M. GILMORE, ! Staff Correspond of The Call. ATASCADERO, Aug. 18.—Again the booming of cannon, the sharp crack of the Krag-Jorgensen rifles, the cianging of the accouterments of the cavalry and the rumblings of the batteries of field artillery are resound- ing. Regulars and militia have once again been merged side by side in the battle maneuvers, with the result of a splendid day’'s work. The chief umpires have expressed themselves as much pleased with the work accomplished. The militia have become accustomed to their surround- ings and follow readily into the routine work as mapped out by army regula- tions. Together with the regulars they went into the different evolutions with /| vim and spirit. An esprit de corps -has been estab- lished between the Federal and State troops and harmony reigns supreme in all the different associations. Problem No. 3, which was worked out to-day was arranged in three exerc s. Th were all worked out on the lines of at- tack and defense of outposts. In the first and second exercises the militia played the leading roles, the different forces being entirely in charge of offi- cers of the e FIGHT AT In the first exerc Seventh Infantry, N. G. C., was in command of the blues and Lieutenant Colonel Juilliard, Fifth Infantry, was in command of the brown forces. The invading force, the blues, were en- camped near Needle Flat, while the brown force garrisoned Paso Roble Colonel Juilliard of the browns, learn- ing of the approach of the blues, sen out an advance guard to ascertain the strength of the blues with the possi bility of attacking them if in his d cretion it was advisable. The browns and blues met in several short en- counters and met with casualties on both sides. When recall came, how- ever, there had been no close attack by Colonel Juilliard’s forces. | Exercise No. 2 proved to be of a very lively nature. The brown forces under | command of Colonel J. F. Hayes, Fifth| Infantry, N. G. C., were encamped on | Atascadero Creek, while endeavoring to | | get to Atascadero station. They learned | that a force of blues under command of Lieutenant Colonel Stewart, Sixth Infantry, N. G. C, had the station| | strongly guarded. Colonel Hayes, ac-| | cordingly sent out his outposts. | GALLANT FIRST TO THE FORE. Major C. E. Haven, with the Third | { Battalion of the Fifth, was upon the extreme right flank, and Captain Hunt, | with the First Battalion of the Fifth, | PASO ROBLES. Colonel Finley, was on the extreme left flank. Cap-| tain W. L. Wall in the meantime, with | Companies E and G of the First In- | fantry and two platoons of the field ar- | tillery, under command of Lieutenant | Augustine McIntyre, had climbed up a | steep ascent to a commanding point called Target Hill. Here Lieutenant W. P. Humphreys, Company E, First California, showed extraordinary and praiseworthy energy in putting up a | | long line of breastworks. | Captain Wall stood on the top | of the mountain and, scanning the | country with a powerful field glass, finally located the blue forces ap- | proaching at a distance of 3000 yards. | The guns of the field artillery were im- mediately turned on them, and thun- dered forth in great style for fully fif- teen minutes. Suddenly the blues were geen to retreat, and at that very mo- ment the artillery of the blue forces was seen to reach the top of a distant hill, * T A R R R . SUING TO RECOVER ON MONTGOMERY AVENUE BONDS | Governor Pardee Defendant on Behalf | of State in Action of Union Trust Company. SACRAMENTO, Aug. 18.—Gover- |nor Pardee was served to-day with | two complaints in suits to recover on the issue of Montgomery-avenue bonds. One suit is by the Union Trust Company for $855,000, face value of the bonds, and $1,121,000 interest. The other suit is by Max Frank to re- cever $65,000 face value and $89,000 | interest. The bondholders having | failed to recover their money from San Francisco and the property own- ers, suit is now brought against the | State through Governor Pardee. ————— “Scenic Treasures of California,” the most complete souvenir book ever issued; lprice 75 _cents. Souvenir Department, Banborn. Vail & Co, 741 Market street, ¢ BOTH SIDES LOSE HEAVILY IN FIGHT AT PASO ROBLES Browns Leave Post of Defense to Attack the Blues and Lively Skirmishing Results-- Militia Again' 7NE FEITTE e o< e 2, N\ Pl o P24 TRILY ALIANCLUYG TNLLE. in the Battles of the Day| s . RING ¥ EN THE BROWNS THE SHOWING IMPORTANT FEATURES OF THE FIGHTING AND NG BETWEE! AND BLUES ON THE HILLS OF GREAT CAMPAIGN OF MIMIC WAR. too late, however, to assist the infan- In the meantime s mishing had taken which finally resulted in a victory for the brown forces. OFFICERS ARE lieutenant, E. H. praised by the chief umpire. of Captain Wall also received compli- mentary was pr character and equally the others. commanded the blue fo me hot skir- place in the low the contending forces, On between sion PRAISED. r Haven and his ary, was highly The work | work of M notice, while Colonel Hay ised on all sides for his elever | Girard. calculations in arranging his outposts. | sion third exercise was of a similar s interesting as ¢ Corps, | e, and Major | Brown, U. 8. A in camp. hospital Hospital Corps will take part. be for each regimerft. will be a very interesting drill and will he attended by nearly all of the militia mation will the the R. C. Van Vliet, Tenth Infantry, U. S.j‘ A., commanded the brown force. H Saturday gramme will be taken up and carried out as originally prescribed. The divi- review of regulation entire troops sta- | tioned here will take place Sunday at 3 o'clock on the grounds adjacent to the Asuncion depot. To-morrow afternoon there will be a | division drill of the Hospital Corps, un- { der command of Chief Surgeon A All medical officers in the di and all members of the The for- -+ pro- C. SAN BERNARDINO, Aug. It | tax rate for the Mail Orders ‘We fill mail orders for anything in men's or boys’ clothing, furnishings or hats. 00D 740 Market Street GIRL IN JAIL FOR STEALING Love of a Sixteen-Year-Old]j Miss for the Attire of a Boy Gets Her Into Trouble e [MAID WITH A CAREER, i | Fair Prisoner Is an Adopt-| ed Daughter of Judge T. S. i Barelay of Los Angeles BEPRE I, | i | | Special Dispatch to The Call. SAN JOSE. Aug. 18.—Bessie Barclay, ihe sixteen-year-old adopted daughter of Judge T. S. Barclay of Los Angeles, is in the custody of the police here for | taking a number of articles from a no- tion store on North First street, where | she had been employed. A charge of | petty larceny may be placed against| her. The girl has had an adventurous ca- | reer,"and most of the time during the | past few years has masqueraded as a | boy. Many times she has run away | from her home in Los Angeles. She| has worked as a messenger boy for the, Western Union Telegraph Company, as | bell boy in the leading hotels on the | coast and as cabin boy on steamships. | Three weeks ago Bessie Barclay left | Los Angeles and came to this city. She | was attired in girl's clothes. Work was secured in a North First-street notion | ore, and she began gathering a male wardrobe. Two shirts, a pair of sus- | penders, socks and other articles were | en from the store. These were »d and her room searched, with the 1t that the police found the goods | and took her into custody. She had | been rooming at the Oakland lodging- | house. ————— CLIMAX OF MANEUVER Entire Force of 5000 Men Will Be in Grand Review Sunday, August 21. On Saturday, Sunday and Monday, August 20, 21 and visitors to (amp Atascadero will witness the most spegtacular features of | the encampment On Saturday there will be the march and deployment of a division, when some great evolutions will be performed, af- fording a splendid sight. It wiil be bes: from - the near Asuncion in the morning and from Have! station after 10 o'clock. Sunday there will be divine, serv fol wed Ly a grand review of troops near cion, This review has been arranged by MacArthur for the special beneflt of the public, and will be the spectacular clf of the maneuvers. The entire force of ! | men will be in line during this review, the sight is bound to be Inspiring. Asuncton will be the place from which to see this great review. Fine band concerts will be given after the reviéw is over. Monday will usher in a | great battle exercise, when the bridge at Sant Ge there night scouting. | evening will be bivouacs, | | which may For these be best seen from Asuncion three days, the greatest of the | maneuvers, the Southern Pacific will make | a speclal rate of $5 from San Francisco to | Asuncion ana reiurn. Tickets good going on trains Satunday and unday. August 20 “1; good returning Sunday, Monday and Stop-over allowed at Paso Robles Springs, %o that hotel accommodations may be vecured. Special train from Pafaro | will arrive at Asuncion 11:30 a. m_Sunday and will leave there for San Francisco at 5 | p. m, arriving San Francisco 11:46 p. m. | Dining-car will be attached to this train, so | that visitors to the camp may get meals If they fail to secure hotel accommodations. Fre- ient traln and automoblle service between 0 Robles and Asuncion, nd automobile rvice between Asuncion and the camp. 8¢ Tickets on sale Saturday and Sunday at Third | | and Townsend | | Market street i Great Strike at Coalinga. FRESNO, Aug. 18.—The richest strike ever made in the Coalinga oil flelds was made last Tuesday.When 1630 feet below the surface a stream of oll was i struck that spouted with tremendous force 100 feet into the air. It is esti- mated that the well will yield a flow of 1000 barrels of oil daily —_———— San Bernardino Prospers. 18.—Al- - | though the assessments are practically the same as last year the City Trustees have seen their way clear to reduce the fiscal year from $1 87 to $1 80, owing to the fact that the city has grown considerably during the year. streets and city office, 613 ADVERTISEMENTS. { drawn for ti | fitted | about ATHER [NDER ANCIENT ROOF i iie Five Hundred Descendants of Johan Fairbanks Meet at Homestead Near Boston LR LR MANY FROM CALIFORNIA ARG Secretary of Commerce Met- calf 1s Honorary Officer of the Family Association =S DEDHAM gathering is Fairbanks scendants Mass Aug. 18.—A great heing held here of the family in America, de- of Johan Fairbanks, who came over from Er nd in 1 and built the famous old homestead here in 1637. His descendants comprise some 6000 families or 18,000 persons scattered all over the United States. About 500 of them are attending the reunion. A banquet was held to-night at Berke- ley Temple and a brief address was made by John L. ms of Santa Ana, Cal., one of the tr ees of the home- stead. Among the descendants are the following Victor H. Metc »f California, See- retary of Cc norary vice president; Herbe ranks, Gladys and Lillian B. Fairbanks nto, George A Adams of Fairbanks o Fairbanks of San Luis Hussey and Ch Oakland, John Elizabeth B. Wh irbanks of San D Mary E. Rock, John F. Rock a a n Rock of Santa Barbara, Eliza Eillings of Pasadena, W Samuel Bell and Mrs. Zoe Bel All are active m ma f the family associati e ——— S OBRDNANCE HAVE NEW SIGHTS Department Orders Tests for Purpose of Determining Worth of New Appliances. WASHINGTON, Aug Bureau of Ordnance the being the navy he ra with a which will pe The cost for this but its immediate ex to be necessary. Tests are soon to be conducted with a new range finder and the ships of | the battleship s on to be fitted with range finders a design which has recer beer ed and fcund satisfactory Tests also have been ordered of a new type of shell known as “trac which used for night firing are which are illuminated so trace the course of the projec enable the gun pointers to that they le and note the | eftect of the fire. —_——— WORK OF CONSTRUCTING CANAL TO B N SOON Commissioners Order Large Quanti- ties of Dynamite and Powder for Blasting Purposes. WASHINGTON, Aug. 18 censtructing the Panama canal is to begin in earnest. At the headquarters of the commission in this city large requisitions from the isthmus for dynamite and powder for blasting purposes are being filled. To meet the demand for the con- siderable amount of printing required in connection with the enterprise a full printing outfit has been authorized and this will go forward at the earliest pessible moment. ————— Veteran Journalist Dying. TACOMA, Aug. 18.—Edwin N. Ful- ler, the veteran journalist of Tacoma and secreta of the Washington State Historical Seoclety, is critically ill and net expected to survive. Ha is in his eightieth year. Work of o e e Our Fall Suits Are Here comprising all styles ranging in prices from Our Fall stock is now unpacked and placed on the counters ready for those men who want stylish, well-made, good-fitting gar- ments at the least possible price. Possibly wou will be interested in learning about the Fall styles. Although brown is being forced by the mills, gray will in all probability be the prevailing color, with the gun metal far in the lead. Variety is assured, however, checks and plaids. The principal materials are cheviots and worsteds, both which give splendid wear. The garments embody a few changes styles. The coats are an inch longer in the skirt. by the many different stripes, of season’s from last The lapels are a trifle wider, but about the same in length. The collar is close fit- ting, and though the shoulders are concave, the new cut does not give quite as broad an effect. The vests are rather high cut, collar; all are single breasted. The trousers are not cut as wide as last year. with six buttons, and narrow There is a trend toward conservatism in all this season’s styles. But why should we go into description when you can so eas- ily see the clothes themselves? Come to our store and inspect the goods. You don’t need to buy. For your guidance we will state, however, that we have the late Fall styles from $10 up to $35. In addition to the sizes for medium-sized men we have the garments cut in a variety, so that we can fit the tall, slender man and also the short, stout customer. Our clothes are hand-tailored into shape by the needle while being made. throughout. They are molded They are the kind of clothes that gracefully adapt themselves to the human figure be- cause they fit in every part. Every garment is made by us and sold direct to you at a saving of middleman’s profit. Special For to-day and Saturday only—light wash vests, regular prices $4.00, $3.50, $3.00 and $2.50, special at. $1.85.