The San Francisco Call. Newspaper, September 11, 1904, Page 36

ADVERTISEMENTS. ..Grand.. Fall Opehing LATEST NOVELTIES. The autumn stocks are ready now and we ask you to come and see Never before have we pre- ted such a complete array of elty and individual styles. nov ailor Suits New Dress Goods s :uuu New Ribbons P New Skirts New Jackets Tew Liaces New Bilks New Art Novelties Autumn, 1904 New Dress Goods connection with our opening isplay of Fall Novelties in Dress Goods we offer the following spe- cial values: MIXED TWEED SUITINGS— The 75¢ kin navy, garnet, brown, tan and gray mixtures; all wool, 38 inches wide. 39 Monday and Tuesday only G ENGLISH AMAZON CLOTH— The $1.50 kind for tailor suits, evening coats, capes, etc.; sponged and shrunk; all pure wool inches; new colorings, including black; rich panne fin- ish. uits, VE S Ceats, Skirts ry o R SR S SUNBURST SICILIANS—The $1.00 kind; navy, new blue, gold- n, Oxford gray and fast a heavy iron frame right, silky finish; 52 inches; sheds dust. For travel- ing and shirt waist suits; 490 yard —Advanced styles, Ities, small designs, es and checks: in the T SILK—27 ; fine, heav quality, s fast black: the ssoriment. Sh8E. no grade. Opening day $17.50, $22.50 and PFicE, Bl . . oSt 753 Two New Waists NEW TAFFETA AND PEAU E 3 AISTS—Fine Swiss beautifully made and in ; black, white and all the colors. Worth $6.50. $4.85 — Worth leading Opening day price. BATISTE WAISTS $3 black, white and all the new shades; also a line of waists of Scotch shirtings, in stripes g\d c_heckg. Both great values. pening day price : 2.95 1 Sues for Maintenance. Paxton, the blind son eof Demand New Executor. ght suit yesterday to com- | ecutor appointed. oung man’s parents were 1894 and since that has been living with his e of age on August alleged that owing to nd need of constant e his mother is un- r him. efrs. |of the h | —_——————— e t was filed yester- | e United Rall- | Sewing Machine the loss of her | tained on May 11, who was killed | by & machine owned by the df 1y 17. | tion and driven by Gregol ADVERTISEMENTS. ¢ AFTER HOLIDAY WEEK ) ==SPECIALS Hand Couch—Like cut; adjustable head; can be used for a bed or couch. Special this week, $6.50 Parlor Chiffonier--Quartes Table Princess Cheval sawed oak, French |Like cut, 18- |Dresser-Like cut, plate mirror, swell front | inch quartered | genine ;3’5‘7' like cuty regular $16,00. {oa k, r ‘:::;;: rczfi: Special, $3.50, Special, 3 $42.50 value. $8.50 $1.25 Worth of Furniture and Carpets for $7.50 CASHand $1.50 per week WE MAKE A SPECIALTY OF FURNISHING FLATS COMPLETE O22, 9oiier, per sccount. We pay freight Our terms also apply to Oakland, Alameda, " §50.60 FURNITURE CO. 338-342 POST STREET 7 LIANT ON THE SQUARE. The heirs of the late Mark Thall the wine grower and | have brought suit to have a new ex- It is alleged that BAR JAPANESE for All Kinds of Pupils STATE LAW IS CLEAR Children Is Not Possible Under the Constitution City Attorney Long yesterday ren- [dered an opinion that Japanese chil- | not be lawfully excluded from the pub- | Japanese children to attend the schools, | especially the Polytechnic High School, | where manual training is taught in all | | of its branches. | In support of his opinion Long quote'l‘ | from section 1662 of the Political Code, | | which provides that every school must | | be opened for the admission of all chil- { dren between 6 and 21 years of age re- | siding in the district, but gives power to establish | to Boards of Education schools for Indian children of Mongollan or Chinese de- | scent, and in that event such children shall not be admitted to other schools. The opinion says: SEPARATE SCHOOLS. “Discrimination against children. of school age, however descended, is not possible under either constitution or statute, and children of Mongolian de- | scent cAnnot be lawfully excluded from | schools attended by white children un- | 1ess separate schools for their educa- | those schools attended exclusively by | children of white parentage. (Ward vs. | Flood, 48 Cal., 688.) | “It follows that the Board of Educa- { tion of this eity and county may estab- {lish separate schools for children of | Mongolian descent, and that when such ‘ schools are established, with education- al facilities equal to other schools in | the same district provided for children of white parentage, children of Mongo- | lan descent ‘must not be admitted to | any other school.’ | “From the records of the Board of EEducatlon { learn that there is now a ;zepnmte school, known as the Chinese | Primary School, to which Mongolian | children of either Chinese or Japanese | descent may be admitted. This is a | school of five grades and possesses fa- | cilities equal to those provided for | schools of similar grades attended by | white children, and so long as it exists’ |and s maintained: by the Board of | Education as a separate school for the | education of children of Mongolian de- | scent such children requiring Instruo- tion In such grades ‘must not be admit- ted to any other school.” ADMISSION OF CHILDREN. admission of such children City Attorney Long Holds|Mercury in the Government Schools Must Be Opened Any Discrimination Against | Forecaster Sets Forth How | dren or those of Chinese descent can-| Yesterday the temperature was down | lic schools. The opinion was asked for It is not by any means certdin that | by the Board of Education in view of these conditions will continue, how- {the many applications coming from | ever, for a change in pressure below children and for tion are provided, with all the facilities | as to grade and curriculum provided for “If the capacity of such school is not. great enough to,meet the demands foy': in such THE SAN FRANCISCO CALL, SUNDAY, SEPTEMBER 11, 1904 BOARD CANNOT |COOL WEATHER |CANNOT REJECT HAS AN INNING Thermometer Comes Down to 56 and Fog Reappears WEST WIND IS STRONG He May Go Far Astray in Looking Into the Future The hot spell has gone into history and cool weather has taken {ts place. to 56 degrees and the wind was high. the Tropic of Cancer may make us search once more for our straw hats and summer garments. But San Fran- cisco has its fog again, and the evi- dence of this may be secured readily from the people of the Sunset district and Carville. McAdie's records show ! that California has had plenty of hot Septembers during the last fifty-five years, and he is disinclined to prom- | ise comfortable conditions for the rest | of the month. He is still puszling over the question of how his, data told him to predict cool weather for last Wednesday, which was the hottest dag San Francisco ever saw. Speak- ing ef his notable error, he said: “It was simply because I did not know enough. Certain conditions bring ‘about certain effects, but we do not |always know all of the conditions. | We have no Information about affairs | 5000 feet above us, and yet a change up there often upsets all our calcula- tions. Forecasting is not, unfortu- nately, an exact science, and our pre- | dictions cannot be given with mathe- | matical accuracy. We hope some day to have sufficient data to be able to tell the weather for. a whole season in advance. Meanwhile we have to do the best we can with what we have.” San Francisco is considered by | Willis Moore, chief of the United States Weather Bureau, to be the most | @ifficult forecasting station in the country. McAdle averages better than any other forecaster in the service, according to the officlal records. For the last two years his predictions have Lbeen absolutely correct a trifle more | than nine times out of ten. That he ' has his work at heart is evidenced by |the fact that he pald for weather | cablegrame from Manila last week when his department would not In- cur the expense. 1 AN INDICTMENT Reasons That Impel Grand Jury to Action Are Not to Be Reviewed in Court KENNEDY LOSES BATTLE State’s Highest Tribunal Establishes a Precedent for Criminal Procedure BT i _The Supreme Court established the precedent yesterday that no tribunal can go back on an indictment by & grand jury. The question arose in the case of Willlam Kennedy, - who 1is charged with complicity in the mur- der of Policeman Robinson on Va- lencia street about two years ago. In accordance with the decision rendered the mulatto must ence more go to trial. ‘Kennedy was convicted of murder in the Superior Court on the testimony of an accomplice. On appeal the Su- preme Court declared that there was insufficient evidence to warrant a con- viction - and a new trial was ordered. | When the case came up for hearing | the Judge of the Superior Court dis- | missed the proceeding and discharged | the prisoner, who was immediately rearrested. Kennedy was subsequent- | 1y released on a writ of habeas cor- pus. District Attorney Byington went before the Grand Jury and secured the reindictment of Kennedy on exactly | the same evidence that the Suprems | Court had declared insufficient to con- | viet. When the prisoner was brought to court again he was discharged and re- | arrested. In all he was discharged | nine times and-as often taken In cus- | tody as he left the courtroom. His at- torneys appealed to the Supreme Court | to set aside the indictment. The court ' had already placed itself on record as ! deeming the evidence insufficlent, but | the question to be decided was the| right of a tribunal to consider testl- | mony given before the Grand Jury ! with a view to reversing the actlon of | that body. It is held that this cannot be done and Kennedy must answer to the charge of murder once again. Unless new evidence can be produced he will never go to San Quentin, for the State's highest tribunal holds him technically guiltless on the facts shown | thus far. —————————— For the real thing in printing see Hvl.d Knowles Company, 24 Second st. ADVERTISEMENTS. j IIRD DAV Il IS & COl r to provide for his sup- |M. E. Mayer, the present executor, |claims an interest in the property in- cluded in the estate and is therefore disqualified to care for the interests | BF.Stoll, dentist: Haight & Masonic av.® EEEKS DAMAGES.—Frank James has filed t against Fred W. Gregory and the Whits Company for injuries shs- when he was run down mdant corpora- grades it should ba tnoreased s’ the! conveniences of the Echool Department’ will admit, but it is my opinion that s0 long as a separate school is established and maintained by the Board of Educa- tion for the education of children of Chinese and Japanese descent—that s, of Mongolian parentage—such children requiring instruction in the studies of such grades must be required to attend such school, and ‘must not be admitted . { to any other school.’ (Section 1662, Po- litical Code.) “On the other hand, it is equally true that children of Mongolian descent re- quiring instruction in more advanced ! grades than those provided in the Chi- | nese primary school must be admitted, | without discrimination, in the other| schools of the department until such | time as higher grades are established and maintained in such Chinese schools.” . e SEEKS DAMAGES FROM ITS FORMER EMPLOYE The Manchester Assurance Company Charges Thomas J. Conroy With Withholding Papers. Buit was filed yesterday in the Su- perior Court by the Manchester Assur- ance Company against Thomas J. Con- roy, its former agent on gfi: coast, | for $25,000. An order is asked | compelling the defendant to give the | plaintiff corporation access to certain . books and papers and to restrain sub- | agents employed by him from inter- fering with the business of the com- plainant. Conroy was employed as agent for the Manchester Company from Au-| | gust 14, 1900, until August 13, 1904, when he was succeeded by Frank J. Devlin. His territory Included Cali- fornia, Oregon, Washington, Utah, Montana, Wyoming, Nevada, Colorado, New Mexico and Hawall. According to the complaint, when Conroy was removed from his position he failed to turn over to his successor certain books, letters, papers and coples of ! reports, which he is said to be using' for the benefit of a rival wmpnny1 by which he is now employed. The complainant accordingly asks for compensatory damages and a restrain- ing order. p—— e — Trapper’s Ofl cures rheumatism and neuralgia Druggists, 50c flask. Richard & Co., 406 Clay.* B Van Horn Files Answer. John H. Van Horn yesterday filed answer to the complaint of Mary A. | Van Horn, formerly Jackson, for the annullment of their marriage, which | was performed on May 14, 1899. Mra. | Van Horn says that at that time Van !. 'Horn had another wife living. In answer the defendant says he had been married previously, but had been informed on what he believed to be Tellable authority that his wife had | obtained a divorce from him. | —— el Dr. Nagel, oculist, removed to 73l Sutter street. Phone East 1247. Hours 10 to 12, 1 to 3.¢ | B | Gas Pump Explodes. | +J. W. Hilton of 1430 Post street was engaged in pumping out clomd' gas pipes at 504 Ellis street yesterday when the pump exploded and his head was cut by the fragments. The in- juries were treated at the Emergency Hospital. . | | ¢ Elaborat ] . Millinery Our first showing of Millinery has been a revelation in a way to every visitor. The completeness and great variety of the display were hardly expected so early in the season. During the last few days many import or- ders have arrived, and our trimming corps has produced some marvels, exquisite crea- tions that you will readily appreciate. We begin the week with an augmented display which demonstrates our leadership for both styles and values. If you want _something different, stun- I Yo wan: O, ning and_exclusive in_Hats, come fo R AN the-Dlatts Millinery, Depsriment . [ 3 A $ lo s ec‘ els, the original of which would cost twice the amount. The lot consists of Black Toques and Dress shapes, introducing the new colorings—brown and burnt orange, mahogary and new greens. Pleasing, Indeed, are the New Tailored Suits More charming effects have never been ?ttamed in Tailor-made Suits. The graceful lines, the many new materials and the marked tendency for even better workmanship give assurance of a higher stan- dard of values. Fashion demands the most careful consideration of every little detail in the making of tailored suits this season. These minor details, though seemingly small in themselves, are often the secret of the per- fect-fitting garment. In the Davis suit you may rest as- sured that particular attention has been given to every one— as near perfection as the best orate_owing | About 50 of our own mod- tailors can produce. LT The new tight-fitting Mili- l tary Cut Jacket. The ac- $ 20 s cepted coat effect of the sea- son. This skirt is full plaited. The materials are black broadcloth, black cheviot and brown and navy mixtures. The jacket is taffeta lined throughout. A great value at $20 —a rare suit batgain. CORNER GRANT ZVE. AND BEARY sz% ' |ing W. H. Pittman with felony em- | bezzlement. She said that she and | the last six years as husband and wife. |He was agent for a get-rich-quick EMBRO IDERED Irish Linens We have just received di complete stock of beautifully in every size and shape. CLOTHS, TRAY CLO round and square CENTER Linen Table Cloths Heavy satin finish, pure Irish Linen, 2 yards wide by 3% yards long, 10 different patterns, Each 5 » Dinner Napkins 200 dozem, satin finish, full size, heavy quality, all linen, to match every pattern of above cloths Tapestry Portieres We are prepared to show the latest novelties in Tapestry Por- tieres. A heavy Rep, with plush border, also plain colors and + two-toned effects. Mercerized with heavy double fringe. All new colorings Amazon Cloth A good quality, all wool, well finished, cloth, for tailor suits, in all the late fall shades of tan, brown, green, gray, navy, royal, cardinal and modes. 0 Full 50 in. wide. Yard l' 0 The assortment co THS, SCARFS, DOYLIES aad manufacturer a sh Linen pieces nsists of TEA rect from the embroidered Iri: PIECES. Webb’s Towels A large, new stock of the cele- brated ‘Webh': Dew Bleached hemstitched Towels, white and colored borders, in plain huck and fancy weaves. Prices from $4.50 to $12 per Dozen Lace Curtains An unusually large vari of new patterns in Corded Armln. handsome braided effects, in R‘en:isunce. Irtsh Point and e i MS0 Bed Spreads :lvm finish Spreads, full an satin ins P! size, in shades of pink, light and mediom hblue. navy, ellow and white..... ¥ Eac $3.00 —_— Robe Blankets German Cotton _ Eiderdown Robe Blankets. Fine, quality for dressing smoking jackets and blankets. A large variety of beautiful figured _de- 52 50 signs and colors. Each We have also received our new Fall Stock of Cluny and Bat- tenberg Lace and Linen and Lace Scarfs, Doylies and Tidies, Re- naissance Ruffled Bed Sets and We will continue our-sale of during the week. NOTE—Mail orders prompt! LadiesWaists We have raceived 3/ for fall, com: prising Flao- nels, Chal- lies,” Mohairs and Nuns Veiling _in plain colors, stripes _ and plaids. Prices 1.75 to S.50 each. 111 to 121 Post Street Door Panels. Fine White and Colored Blankets y filled. WRITE FOR SAMPLES. SKIRTS. Fisty Pe an heavy qual- ity. Lustrous Black Sateen ’ Miss Anna Burelbach, 133 BEmis street, swore to a complaint before Police Judge Mogan yesterday charg- Pittman had been living together for concern of Los Angeles. On September 4 she alleges that Pittman suggested to her that it| would be advisable to have her dla- mond earrings, valued at 3800, reset, and he offered to take them to a few- eler. She gave him the earrings and since then she has not seen him. She says that Pittman also took with him her gold watch, valued at $100; a heart locket, valued at $85, and $900 in colin. She reported the case to Captain Martin on Friday evening and he ad- vised her to get a warrant in the morning. The wires were set in mo- tion and it is sald that Pittman has been found. He left the city, it is said, accompanied by another woman. Detectives O’'Dea and Mulcahy have charge of the case. ——— PRAGERS OPENS SECOND FLOOR Wonderful Style Display in Space Departments of This Progres. sive Biz Store. Bvery woman in the city will be Interested in the grand opening of the second floor of the Prager department stors at Market and Jones streets Monday. It Is just in time for the fall, business. Every new style and idea in women's wearing apparel, millinery, etc., will be found there. Special attention has been given to securing large, roomy, well lighted departments so that shopping will be made & pleasure. Every facility and convenlence possible been in- cluded in the arranging of the varfous sec- tions and it has been the hope of the man- agers of this up-tg-date establishment to have the most modern floor of its kind west of Chicago. Nearly half of the entire floor space Is de- voted to women's closks and suits. FHere garments from the most moderats In price to the more expensive ones may be found. Mir- rors are scattered everywhere and chairs and tables are arranged most convenlently to see the varous style offerings. The millinery department, with its pattern bat rooms, has a number of innovations never before seen in this city. Situated in the corner of the floor, with lights from both Jones and Market is the department for art goods and draperies. A well appointed section for boys' clothing and furnishings and another for women's dainty miuslin_underwear are also to be found on_this same floor. pporianily (o 56 & Saor o€ & seore ot ‘the opor o mad lgor of a store of the ———— e Her Board Bill Is Unpald. Mrs. Lucille Kimball-Murray was arrested yesterday by Detectives O'Dea and Mulcahy on a warrant issued by Police Judge Mogan charg- ing her with defrauding an innkeeper. She was released on $200 cash bail. The complaining witness is C. F. Pall- let of the Clarendon Hotel, who al- leges that the defendant surrep- titiously removed her trunks from that hostelry without paying her bill of $93. She sald she expected her hus- band to join her at the hotel and that he was wealthy. Art Notes. Visitors to our city, and the public generally, are cdrdially Invited to visit our newly fitted art rooms. New collec- tions of the very latest thh‘:’l in pie- tures and frames. Sanborm, Vail & Co., 741 Market street. s “DOMESTIC” The Leader in all modern impreve- ments. e . DOMESTIO 5. M. 00., J. W. EVANS, Agent, MARKET CUTLERY EVERY BLADE WARRANTED HE MAUVAIS MUSIC co. 933 Market St Opp. Nason. SHEEET MUSIC AT HALY PRICE. MISCELLANEOUS. From Governor and effective remedy, makes weak eyes stro ased ) T s C}‘.’fl. ng, dise; eyes well. Price, 50c. By mail, 62c. doesn’t keep it order direct f erle, 1071 Market street, San