The San Francisco Call. Newspaper, September 25, 1904, Page 32

THE SAN FRANCISCG CAr SU VDAY, SEPTEMBER o= 25, 1904 THE BEST AFlOAT OR ASHORE ~ Because He Holds The bitter factional fight in the Paint- Decorators’ and Paperhangers’ Union, which was carried into the courts and occupled weeks of trial in udge John Hunt's court, has been de- ided against the so-called “Sheehan faction,” and the temporary injunction neretofore granted is dissolved. Shee- han claimed to have been elected presi- dent of the union, but Judge Hunt holds that he was ineligible for the of- fice because he held a political position sinter for the Board of Public -ontrary to the rules of the he other officers elected by the 1 following are held to be legally fice. They do not include or and financial secretary, Mclvor faction. who were tions w-re filed by Sheehan, and in his long opinion Judge Hunt re- views facts in both cases. The opinion lows: The con nt in one of the actions alleges th the evening of Decem- ber 2 an was elected pres dent on No. 19; George Bowen, vice president; one Berringue, ording ry, and H. L. An- ws, financial secretary. That at a ting of the union subsequently held, 2 January 11, one Burkhardt was elected treasurer. That some of the of- ficers thus elected subsequently refused to be installed and refused to turn over to their successors, who were duly elected officers, the property of the un- ion, which consisted, among other things, of moneys in bank, certain shares of stock in a planing mill and in . the 1 Temple and in a newspaper i called Organized Labor. The “action| 80TTLED FOR was brought to comp: an accounting & from the recalcitrant officers. SPLIT IN UNION. The complaint in the other action declared that on January 18, 1901, a number of parties previously belonging Sher Qher to the union seceded therefrom and at- herwood & Sherwood, tempted to organize a new brother- “>q - i be: e ig! 01 f ‘Local 212214 Market Street. hood bearing the designation o 2 = - -——— | Union No. 19'; that the use of said name was unauthorized and occasioned | damage and injury to the plaintiffs, | name by the defendants and to recover the sum of $10,000 damages, alleged to have been sustained in the premises should no the brotherhood. When the name of was proposed for his eligibility was immediately attack- ed upon the ground that he held political position. The point of order thus made was overruled by the chair, TEE LIGET BUNNING “DOME— STIC” dern improve- Sheehar how good.” an appeal was taken and the chair | was s ned; thereupon the meeting, | amid tumultuous disorder, elected a vice president, recording secretary and | fir ial secretarv and adjourned. Regislration office open “The next weekly meeting thereaf- | on January 4, was presided over from 8:3{),3' m.to 12 p. m, by’ Vice! Presid Bowtn, SWenes Sept. 26, 27 and 28, 1904. apparently making no effort .to pre- LAST DAY to Register— e over the meeting. At that meet- Sept. 28, 1904, 2 p. m. & the question of Sheehan’s eligibil- ADVERTISEME The California climate and the hair the treas- | who allege that they and the members | for whom they sue are the legitimate and lawful members of ‘Local Union | No. 18" The complaint prays for an unction restraining the use of that Both actions were tried together It ar that on the evening of De- cervher a regular semi-an- n e’ection the ofti o i on should have taken plac2, i constitution of the union provided | hat any member ‘nominated, elected or appointed to a political position’ be eligible to hold office in | president | Pomona, 1 Corcna, ober 4 Angeles and te of the many glories of the wonderful California climate it is generally acknowledged to be somewhat trying on the hair and sca The salt sea air that we find so invigorating to . Kan § the whole system makes . the hair at once dry and brittle Dandruff. that foe to all T!Cll:'r OPFICES—« New M ntgom lovers of cleanliness, will form upon the scalp in spite of every effort to remove atace Hotel). 10 Market st.and Broad and prevent it = Preigkt Office 10 Market st COKE DANDRUFF . T, assenger Agent, | CURE not only removes 0 & will but positively prevents the » geage trom hotels and | reformation of dandruff TUYU KISEN KAISHA | EAMSHIP (¢ Mail wharf, ar and ers { 1 on NG ling Shanghai 19. 1904 ANWALL, GALOA, MES ZEALAXE axo 8YDNEY IRECE B 1o TANITL .CCHItS.s.CO. SEONOMA. “or Honolul m Samoa. Auck- ;nd and Sydne; Thursé. B ALAMEDA, ‘fof Honoluly, Oct S.8. MARIPOSA. for Tabiti Oc J.D.SPRECEELS BROS, 0., Agt., Tekel OBC3 643 - kel -Traght 08oe 329 arke! 5., P J s “(Hudson & CO.. Pa avenue. San Franch risbic, Monticello and Arrow, 3:15. G, 8 tex.Sen.); m (ex m. Pier H. To U. lovy Yard and 'nlm.. Stmr H. J. Corcoran—Leaves 5. P‘ toot o! Cisy st morth end ferry bide. s 5 -3 Pt . ‘GBoD- upon the head It is a perfectiy pure iquid, without a drop of kcduncul or sulphur. and has positively no injurious ingredients whatsoever. Tts tonic proverties are kable. Tt not only re keeps the scalp perfectly clean and 1 but gives a gloss jance ‘o the terly unknown It stops the falling of hair, conseauently prevents baldness in every deer-e Strong statements, you ay—yes, but we can prove them with thousands of letters upon our files which testify to the work of too, Cure. : your druggist. . Coke Dandruff H. S. BRIDGE & CO., MERCHANT TAILORS, 622 Market Street. Up Stairs. . Palace HotsL N Opp. FRANCISCO. in Imported Wear -+az | MAUVAIS MUSIC CO. 933 Market St., Opp. Mason. SHEET MUSIC—PHONOGRAPHS. ~ FIGHT AGAINST PAINTERS’ UNION ‘Superior Judge Hunt Decides That Its Leader ls Not Eligible for Office in Labor Organization Political Position in City 1 ity was again presented and a motion | was made to go into the election anew. That motion was declared out of order by the chair and on appeal the decision of the chair was sus- tained. On motion the election of the remaining officers was postponed un- til the following week; thereupon, it is claimed, Sheehan, Berrinque and Bowen were installed in office, An- drews refusing to be installed. In re- spect to this matter, however, the tes- view I have adopted it becomes un- necessary to determine what the fact in that regard was. SHEEHAN BOLTED. “At the next regular weekly meet- of Junuary 11, the vice president presided, Sheehan having in vain en- deavored to call the meeting to order. In the noise and tumult which ensued the «onduct of business became al- most impossible. It, however, pro- ceeded sufficier*ly far to elect as treasurer thereupon ing, one Berkhardt; the meeting adjourned to January 18. On that evening the former president, Jenkins, appeared upon the plat- form and stated that, to avoid the dis- order which had previously occurred, he would submit to the house the question whether he or should preside. “In view of the conflicting and ir- reconcilable state of the testimony it is difficult to state in detail what fol. lowed, but it substantially appears that just as the house was dividing to vote upon the question Sheehan ‘ad- journed’ the meeting and directed his followers to assemble at the rooms of | the Building Trades Council on Mis- street. Thereunon he left accompanied by a number of | men, variously estimated at from 150 to 250. called ‘Sheehan departure there | of men variously one { sion | hall, faction’; after their remained a number estimated at from | 150 to 300, who constituted the so- | called *McIvor faction.” After Shee- han and his followers had withdrawn they held a meeting, Sheehan being the chair, and elected certain of- ficers, including a financial secretary and treasurer. | “In my view the point of the to hold the offic to have been elected. If, under the constitution of the union, he was elig- the case pivots upon eligibility of Sheeha ‘il;h,- to such position, then, notwith- standing the irregular manner in { which the election was conducted, I think he was legally elected. But if he was ineligible, president of the union, continued to held officé until his successor was duly elected and installed. “Sheehan, the plaintiff, testifies that, as a painter, and county, and as such working upoun the public buildings; that hé was ap- pointed upon a certification of the Civil Service Commission, and was re- ceiving regular salary, aid from the treasury of the city and upon a salary demand properly audited. | A “The a | county POLITICAL POSITION position thus occupied by Sheehan at the time of his election w in my opinion, tion’ within the meaning of the con- stitution of the union. His employ- ment was a public employment; his work was done for the public; he was paid a regular and fixed salary per month it of the public fund and he could have been required by the board, if it so desired, to execute a bond for the faithful performance of his duties. “The authors of the constitution in a article XXVIdeclares that a member sion was evidently to exclude from of- ficial position within in the union any one occupying a position of public em- ployment. Its design was, no doubt, one witness testified, to keep poli- tics out of the union. “The plaintiff, at the time of his election, either held a political posi- | tion or no position at all. I think that under the provisions of the char- ter he held a political position and hence was ineligible for the office of president of the union; consequently he had no status in this case because the action in question was'instituted by him as such president. “But, while the election of Sheehan, on December 28, to the office of presi- dent was illegal, 1 think it is tlear that the other parties elected on that even- ing and on January 11 were properly elected officers of the union. “The constitution provides that the financial secretary of the union shall receive all moneys of the union and subsequently pay over the same to the treasurer. The treasurer is required to give a bond for the security of the funds received by him and deposit | them in bank. It is clear that Andrews and Burkhardt of the Mclvor faction were respectively elected to the offices of financial secretary and treasurer. The circumstance that, in view of the turbulence of the meetings in question, they were not installed does not, in my opinion, affect the legality of such elec- ! tion. As treasurer and financial sec- | retary, under the constitution, they have the rizht to the custody of the funds of the union, consequently the court is powerless to make any order requiring them to turn over the funds to the plaintiffs herein. “In view of this conclusion and of the fact that the plaintiff, Sheehan, had no legal status to commence these pro- ¢eedings, the question which faction hag the right to use the designation ‘Local Union No. 19’ does not arise and is not decided. In consequence of these views it follows that the bills in both actions should be dismissed and the injunction dissolved and it is so ordered.” et Bnciot L AT R DAMAGES WANTED FOR DEATH. — A suit for $20,000 damages for the death of William R. Stewart was filed against the United Raliroads vesterday. by Catherine Stew. ‘Belle Stewart, Catherine Emmons and Sotn ¥, Btewart. They alloge that on June 17, 1003, while Stewart was crossing Page street at Pierce, he was struck by an electric car, which was running at a speed greater than eight miles an hour. Injuries incurred in the accident resulted in his death. timony is very conflicting, and in the | Sheehan the | These men constituted the so-' he was then employed by | the Board of Public Works of this city | ypointed to a political position shall | | not be eligible to hold office in the! | brotherhood, local or general. The [purpose of this constitutional provi- to which he claims | then Jenkins, the then | which was | ‘political posi- | i | question clearly understood the dis- | | tinction between a mere employment | and official incumbency. Section 7 | ADVERTISEMENTS. @ NEW ARRIVALS GOOD METAL BEDS FOR LITTLE MONEY. THIS ONE $4.75. Comes in double or three-quarter sizes, and in white enamel only. A strong. de- pendable bed; heavy angle irons across the head and foot boards, heavy rails resting in strong sockets. Curtains made by John Alexander Dowie in his great lace mills at Zion City. They are wonder- fully good curtains, a stout cable net, but in a very fine weave, with dainty patterns. Qualities that are sel- dom sold for less than $4.50 a pair. No mail cr telephone orders will be accepted for any of th advertised ar- ticles A carload of Hall Racks. A carioad of Weathered Oak Novelties. Two carloads of Metal Beds. A carload of Fancy Chairs and Rockers. e Mission Sideboard, $29. $5.00 Down and $1.00 a Week. SOMETHING NEW IN PYRLOR DESKS 519 $1.00 Down and $1.00 a Weel. Weathered oak, top. set with shaped mirrors. MISSION ROCKER, $16.50. $1.00 Down, §1.00 a Week. Broad and massive and com- fortable. Cushions are revers'ble and e in imitation Spanish leather or in genuine red roan leather. Your choice.” Golden oak or weathered vak, same vrice tnc ma A cabinet diamond- Rcccptién Upholstered Rocker, $E‘|"i‘)"6 $8. 50. Polished panel $! Down and $! a Week.Jpack. Uphol- Full spring seat, mas:ive|stered seats in polished frames, upholstered dainty silks or in rich tapestry. velours. Weathered Nak Din'ng Chairs, $1.50. an $1.00 a Week. one it _is: work, and knobs. CREDIT? OF COURSE! ONE OF THE NEW HALL RACKS, S27. $5.00 Down and $1.00 & Week. A Mission design in weathered! A sam of the arrivals. French plate And a at bix handosme 4S inches wide; h French plate mirros de of quirter-sawe erp finish: r to weathered, but polish. Perfoct « heavy oxidized handl ak d -w a finish similar h ne and massive. wide Iy portionate $2.25 Buys a Very Pretty Cobbier Rocker. Pleasant to fook at: pleas- ant to sit In. A rocker that is_strongly bu ne that will last. It in golden cak finish ade PRINCESS DRESSE! f19.75 prettiest San ak. y will buy it $1.00 Down and $1.00 a Week. CONSULS REPORT ABOU EUROPEAN FRUIT CROPS fruit will be the result. previous net price The crop of the ar is entirely used up. The ‘ab station’ for 1904 prunes New York, at 21 and and $4 46) per fifty Kilos. for October or November delivery, f.| Consul Byrne at Valencia writes on crowns ($4 26| August 26 about the Valencia and De- nia raisin crop that all previous . ot b * o have risen, therefore 2 crowns (41| The walnut crop of France will be| mates of the cron have been completel; Foreign Market' Conditions Relating| '77E -~ 0050 0090 pounds), and | normal, and if September should be wet | upset by unfavorable weather, and the to Raising, Prunes and Nuts Are prices quoted c. i. . New York are as | nuts will rinen badly and mot dry well | total yield will not exceed 350,000 cwts Described. follows: 110-120, 95-100, S0-85, equal quan- | after being harvested. As there are no | against 465,000 cwts. last season. Open- The State Horticultural Commission- | tities of like brand 2 illings (36 44) \ nuts yet in the market prices are spec- | ing prices are quoted to-day at 50 pese- er has received crop advices from the | per 100 kilos (220 pounds) via steamer | ulative. tas per 100 kilos, which gives the fol- United States Consuls stationed at|from Fiume. | Consul Tourges reports from Bor- lowing equivalent in United States cur = ars: Bordeaux, France,| The cro of walnuts for 1904 in Hun- | deaux on August 2 regarding the prune | rency: Offstalk, § ot S hile Budapest, Hungary; Bordeaux, France, | ..\ " 4, 5iria and Bosnia-Herzegovina | crop of®France that all. fruits are | (2.20 pounds), c. i. f. New York; and Valencia, Spain. The following in-| ;"0 5 Jittle better than a middle|abundant and of superior quality this | offstalk, 0 cents per kilo formation is contained in a bulletin for| crop, The nuts will be small and dry- ! seasan, and an early and large vintage pounds), c. i. f. New York: finest off- the guidance of Californians on the au- | meated on account of the drought. Low | is promised. The prune crop is esti- | stalk 3-5 cents per kilo (2.20 pounds) thority mentioned: | prices will prevail, say about 12 to 18| mated to be at 5,115,000 pounds. This | c. i = Tork: adisates SOtit 11 Frank Bverchester, at Budapest, un- | Crowns ($2 43 to $3 65) per fifty kilos | is above the usual quantity. Fruit not cents per kilo (2.20 pounds), c. 1. f. New der date of August 53, writes that it ta| (10 pounds) ab station. An average ad- | large, averaging seventy to the pound, | York: layers. (1 crowns) 11 2-5 cents 3 Rl g dition to the net price of 1% crowns| quality excellent, the dry weather .of | per kilo (2.20 pound f. New York reported that in June 3500 carloads of prunes from Bosnia and 4000 from Ser- via were expected in the South Euro- pean market, but owing to the severe drought in July a large crop of smail (30 to walnuts to Budapest. from Budapest to New York, according lines. cents) must be made for getting the Freight varies | the past six weeks havi the sugar in the prunes t degres. No prunes of thi: rates fixed by the steamship|in the market vet, and pi A Budanest firm quotes walnuts | certain. the ng developed | Fruit is small, but quality excellent, 0 an unusuai | No shipments have been made to the s year's crop | United States vet because of low prices rices are not | California growe are selling home raisin rs ADVERTISEMENTS. barley that Schlitz Beer Is Just This— Barley—-selectcd by a partner in our concern—from the best grows. And we malt 1t ourse Hops-—brought in large part from Bohemia—selected by our buyers from the finest hops in the world. Water from six artesian wells bored 1400 feet to rock. Justa food and a tonic—brewed with the extreme of cleanliness __cooled in filtered air—sterilized after it is sealed. Schlitz beer is pure, because our process is cleanly, and because the beer is filtered, then Pasteurized. It does not ferment on the stomach, because it is aged—aged for months in refrigerating rooms before it is marketed. It is a health drink without germs in it. It gives you beer with- out biliousness. Ask bottlmg. Los Angetes—SHERWOOD & SHERWOQOD—Sen trascisce ‘Whotesale Distsributers Ives for the brewery