The San Francisco Call. Newspaper, April 15, 1905, Page 9

THE SAN FRANCISCO CALL, SATURDAY, APRIL 15, 1905. HELEN DARE'S PEN ILL PORTRAY LIEE ( rifted Woman on The Call features The enty appear. rth w “The Man of the 1 with the work EASTON SUES TO R BIG SUM FOR DEF Claims Walter K. Smith and Guaranty I'rust Company Owe Pacific Coast . the affairs of .t Savings So- n yesterday, when trustee of the ion, filed suit nd the Guar- to recover $84,000 savi ngs society T the company, the under- at stock in the com- st Savings Soclety would be increased value within a d time of $120 a share. that the stock was in value, as the de- it should be, but in en no value and is with- is $84,000, and n that amount. , Easton USED OF STEALING BICYOLES.— March and John Coffey were booked ; Prison_yesterday on seny by Detectives O"Dea and Po- yConnell, They were arrested on svenue while trying to sell a ves stolen from a resident of fcycles have been y and_brought to_this Many wheels have been | SALARY ROLL merger with | received by the Pa- | s time. The loss of | he defunct institution through the ure of the defendants to keep their a charge of | WOULD SWELL e exclusive publication in The Call e Board of W plans to in- the salaries of subordi- various departments and ast number of new posi- i funds required are allowed the Board of Supervisors in the budget caused considerable comment | among city offic vesterday. The proposed increases aggregate a sum approximating $9280 yearly. The bene- | fit would go to certain employes in the Bureau of £ reets, City Architect’'s of- fice, City gineer's office and in the Janitor Department New positions that it is planned to ! create will eat up an additional sum of about $44,000 yearly. Most of this amount represents the salaries for ad- ditional help In the offices of the City Engineer and the City Architect, re- | quired, it is said, in preliminary work for the bonded $8400; one field a two assistant engineers, $3600; six draughtsmen, $9300; one clerk, ~$1200. In the Bureau of Streets four addi- tional inspec of complaints and corporation trenches are sought at $6000 yearly; one extra clerk in the cashier’s office at $1200. In the Build- | ing Bureau the Superintendent of | Buildings will absorb $2400 yearly, | | while the Chief Building Inspector will be paid $2400 if funds are forthcoming. ! Other extra positions to be created are: one chief draughtsman, $2100; one ex- aminer of plans, $1500; one structural engineer, $1800; two building inspectors, $2700; one assistant clerk and stenog- rapher, $1200. It is not at all likely that the Su- | pervisors’ Finance Committee in its| present frame of mind so far as the | Board of Works is concérned will al- |low the increases asked for, at least | in many instances. Although the mem- bers of the committee would not out- line their intentions in the matter it will be remembered that last year it is- | sued an ultimatum that few salaries would be raised and the committee cer- tainly will not favor any wholesale in- creases. Of the new positions that would be created only those absolutely necessary will be allowed. The request | for extra help in the Engineer’s office cannot very well be ignored, as it is | warranted by the vast amount of ad- ditional work entailed by the bonded improvements which will be carried out in the next year. This will also hold good in the request for extra help in the Architect’s office. Some clerical errors were found in the budget estimate of the Board of Works showing that the total amount asked for is $2,175,515 50. Through an oversight a request was made for $348,157 to light the streets and public buildings, the figures of last year having been used. The sum should CLUNIE TRUST PUZILES COURT Judge Coffey Heafs Many Arguments as to the Law Governing Men’s Wills SIMILAR TO FAIR CASE Tribunal Sees Intricate Questions and Will Let Attorneys Speak Freely D ——— Judge Coffey was occupied all yes- terday afterneon in hearing arguments as to the validity of the trust under the will of Thomas J. Clunie declared in favor of his adopted son, “Jack Clunie,” as to the property in this city known as the Clunie building, said to be worth over $500,000. E. A. Bridgeford and Burrell G. White | applied to the court for a distribution to them of the property, alleging that their co-trustee under the will, Andrew | J. Clunie, brother of the decedent, re- | fused to join with them in their appli- cation to the court. It appeared that Andrew's refusal was based upon the fact that he was advised that the trust was against the laws of this State and that therefore it was his duty to submit the matter to the judgment of the court, as no citizen could ask a court to distribute property upon a trust which the law prohibited, !and that our Supreme Court had held in the famous Walkerley case that no court could recognize as valid a trust vhich the laws declared to be vold and against public policy. Upon this ground of Clunie's refusal to join with Bridge- ford and White an interesting point of law was presented at the beginning of the proceedings, namely, whether or not it was the duty of the petitioning trus- tees to first show that the trust was valid, or the duty of Andrew J. Clunie to prove that it was void under our law. Timothy J. Lyons, on behalf of him- self and his colleagues, ex-Governor Budd and Judge Garoutte, attorneys for Clunie, argued that Bridgeford and White could not be heard until they of- fered reasons to the court in favor of the validity of the trust, to which Hud- son Grant and D. M. Delmas answered that the burden was on Clunie to show that the trust was bad in law. Judge Coffey ruled that as this point of procedure had never been decided by the higher court and was not free from doubt he would allow Bridgeford and White to present their case and leave any law questions as to the trust to be raised after the evidence was in. Bridgeford and White then presented their evidence, during the course of which Attorney Lyons interrupted with | severe comments upon the attitude of Bridgeford and White. When Bridgeford and White conclud- ed their case Andred Clunie’s attorneys moved to dismiss the matter, upon the ground that the trust claimed under the will was void and agalnst public policy. Lyons opened the argument for An- , and was replied to by Grant and . M. Delmas. Upon the conclusion of Delmas’ ar- gument the matter was continued to Tuesday, the 25th, when Budd. Garoutte and Lyons will present a reply argu- | ment to Grant and Delmas. If the trust should be declared void the property will go at once to the adopted son and the brother Andrew, which is claimed by Andrew’s attor- neys to be a better disposition of the title than that of being tied up by a trust with the dangers involved in the imited powers claimed by the trus- te The dangers involved in the trust are said to be the same as those which moved the Supreme Court to strike down the trust in the famous case of { the will of James G. Fair. - SAYS HE WAS VICTIMIZED BY RACE TRACK FOLLOWERS 8. Rosenthal Makes Complaint to Po- lice of Having Wasted $500 on a Good Thing. Rosenthal of 706 EIlis street re- ported to the police yesterday that he had been tricked out of $500 by “Bud” Hauser and Harry McCarthy in December last. He said they told him they had a “good thing” and if he would entrust $500 with them he S | would make a big winning. He gave them a check for $500 and that was the last he heard of the “‘good thing.” Detective Coleman was detailed on the case. Hauser was brought from Paraiso Springs on Thursday night on a war- rant money by false pretenses. He is ac- cused by T. P. Finch, proprietor of a lodging-house at 218 Post street, of tricking 1im out of $1500 by repre- senting to him that he and a compan- ion had a scheme to get early results of the races from the Western Union Telegraph Company and by that means Finch could make a fortune. Hauser got the coin, but Finch waited in vain for the fortune. ROBBED BY A WOMAN.—Manuel Rose, employed as a buggy washer on Eighth street pear Market, reported to the police vesterday Mmorning that ha had been robbed of $25 by a woman. He said he met her on Kearny street, near. Pine. He talked with her for a few min. utes and shortly after he left her he found that the coin was missing from his hip pocket. He gave a description of her and detectives are searching for Ler. SUIT ON A BILL—P. G. Flint brought eult yesterday In the United States Circuit Conet against L. G.’ Harrison to recover $22,785 alleged to be Aue for merchandise. charging him with obtaining SEAWELL HOLDS WITH THEATERS Decides Police Have No Right to Close Places That Vio- Jate the Fire Ordinance GIVES PROPER REMEDY 23 s Says Law Provides for Pun- ishment of Transgressors in the Criminal Courts —_— The criminal court, Judge Seawell holds in a decision handed down yes- terday, is the temple of law wherein owners and managers of theaters may ordinance. The right does not vest in the police, says the court, to close any place of amusement, no matter how flagrantly it may transgress the regu- lations of the local legislative bodies, the sole remedy resting in the proper and continued punishmen€ of thése who persist in these illegal acts, The opinion of the court was reached in the suit instituted by the Baldwin Theater Company to restrain the police and Board of Works from closing the doors of the plaintiff company’s vaude- ville house on Market street. Judge Seawell granted the injunction as prayed, but not until after he had pointed out to the defendants a rem- edy they could pursue if it is their opin- jon that the theater is unsafe and a menace to life. The testimony taken in this case, Judge Seawell held, shows that prior to opening the theater the plaintiff cor- poration sunbmitted to the Board of Works its plans and specifications for the construction of the theater and they were accepted. The theater was con- structed in accordance with these plans and specifications, and subse- quently, on November 26, 1904, a license was issued to the company upon pay- ment by it of $201 to carry on its’ busi- ness. By virtue of this license the company conducted a vaudeville show | until January 16 last, when the Board ater. It was the contention of ' the Board of Works that the theater was being conducted in violation of o dinance &8 of the Board of Supervisors. In its complaint for an injunction the Baldwin Theater Company recited | the facts regarding the construction of the theater and the procuring of a li- | cense to conduct a show therein, and pointed to the fact that it had spent large sums of money in constructing the theater, is under contract for the galaries of actors and others and liable for the rent of the premises whether conducting its performances or not. It is the opinion of the court that | there is nothing in the ordinance in question giving the Board of Works any power outside of the right to issue permits after it has determined that the provisions of the ordinance are to be obeyed. This done, its power ends. There is no allegation in defendants’ apswer that the theater is unsafe and there is no allegation that it is a nuisance. Hence, even if poration had not paid a license, court helds that the police have the defendant cor- the no it. The ordinance provides that for violations thereof a person convicted of $500 or imprisonment for six months, or both. A person violating the or dinance would be liable civilly for the 1y for the offense, but this does not give the ‘police power to close the theater. They are entitled only to the remedies prescribed by the ordinance for its vio- | lation. “The claim has been made by the plaintiff herein that the ordinance is oppressive; but for the purpose of this action 1 will assume that it is valid,” says the court in conclusion. ‘‘How- ever, an injunction will issue restrain- ing the police and the Board of Works from closing the premises conducted as a theater by the plaintiff.” —_— e Rala’s Trial Is Set. Thé trial of Pietro Raia, charged with perjury, was set by Judge Dunne yesterday for April 24. It was in Raia’s barber shop at Francisco and Mason streets that the quarrel started which ended in the murder of Joseph Brogardo by Ancio Brissile. Raia and | Coroner’s inauest on Brogardo’s body and were subsequently charged with perjury. AR R R s Excursion to Ukiah. On Sunday, April 16, the California Northwestern Railway will run an ex- cursion to Ukiah. seat, for the company will not sell a sin- gle ticket above the number of seats pro vided. Time of departure from Tiburon Ferry will be 8:30 a. m., and from Ukiah on the return 5 p. m. Train will not stop in transit. Fare for the round trip only $2 00. Tickets on sale at Ticket Offices, 650 Market street (Chronicle building), and on Sunday mornnig at the Tiburon Ferry, foot of Market street, ————— THE OLIPHANT SISTERS.—A mass meet ing will be held at the Young Men's Christian Assoclation to-morrow afternoon at 3 o'clock. The famous Oliphant sisters will have charge of the meeting and will_sing some of their most_ inspiring songs. Their duet, “‘Sowing the Tares,’ written by a young man serving a life sentence in prison, and dedicated to Kis brother serving a llke sentence, is well worth much gffort to hear. All seafs in the large hall will be free to men. The services are sure to be of large value to all men. ADVERTISEMENTS. "Our Easter Offering Rich Cut These vases are excellent regular price of $4.00, and the Flower Vases $3.25 quoted is only good until Easter. S——— Glass values at the _special price be dealt with for violations of the fire | of Works notified the police to close the | place, and the police did close the the- | is | power to close the theater conducted by | of such offense shall be liable to a fine | sum of the license and liable criminal- ! Salvatore Alopia were witnesses at the | Each ticket insures a | 0°CONOR’S SUIT [S QUESTIONED That He Will Decide in Fa- vor of Library Trustees Court Wants to Know if Sole Purpose Is Not to Oust Incumbents From - Office Inevitable disaster awalts Martin O'Conor and Thomas P. Dowd and the unknowns behind them in their suit to oust the board of trustees of the Free Public Library. The case came up be- fore Judge Hebbard yesterday, and the remarks of the &ourt presage swift and decisive defeat for its promoters. While O’Conor and O'Dowd deny they have any interest in the matter save to se- cure the retirement of what they al- 1t is the general opinion that they filed purchase of the Van Ness avenue lot | the trustees have recommended as a site for the new Public Library. When the case was called yesterday Assistant City and County Attorney | Brobeck said that while he was confi- | dent, in the first place, that there was no merit in the claims of the plaintiffs | that the board of trustees is an illegal body, he was positive that the method of precedure they had adopted is not proper. Quo warranto proceedings, he said, constituted the only method the court could consider, ““and,” he con- cluded, “‘even should the plaintiffs here bring such proceedings we are ready to meet them."” A nod from Judge Hebbard signified | his concurrence, but the court desired {to do a little questioning before pro- | ceeding further. Addressing O’Coner, { who appeared as counsel for himself | and associate plaintiff, he said: “What is the purpose of this suit— | what evil does it aim to remedy?"” | ject in view, and that was to secure a | legal board. As a good citizen he did | not desire to see any man hold office | contrary to the provisions of the or- | ganic law of the city. | ‘“Come, now,” said the court, “is not Judge Hebbard Intimates ACTION’S OBJECT VEILED| lege they believe to be an illegal body, | the action to prevent if .possible the | { | | O'Conor said that he had but one ob- | | the only object of this suit to oust the' { board from office? 1Is there any higher | principle involved?” | O'Conor smiled and began searching | through some law books on the desk. | | He had no answer to make. Brobeck said he was ready to argue the case if the court desired to hear | any authorities. Judge Hebbard said | he did not care to give much time to the case. | O'Conor, becoming alarmed lest the court throw the proceeding out without even dignifying it with a hearing, asked | the privilege of filing a brief in support i of his petition. “Oh, very well. You may file one if you desire,” said Judge Hebbard. *“If your Honor should reach a con- | clusion different from that it is appar- | ent you now entertain,” said Brobeck, | “will you please inform me? I do not { care to go to the trouble of preparing | a reply brief unless it is necessary.” “I will inform you,” said the court, but the general opinion is that Brobeck will be saved the trouble of answering O'Conor’s written argument. A final | order in the case is expected next Fri- ay. | —_———————— i SPECIAL To-Day! Couch Covers... Vs — ”,/,w//‘/// Oriental designs and colorings; 3 yds. long, 60 B e 95¢ 80¢ Saturday only, while they last,, each . . [ CORDES)] FURNBITURIE ©O. BRUSSELETTE RUGS—27x60 in.; 245-259 GEARY S¥ ONTHE SQUARE in very effective colorings; Saturday only, ea. AMUSEMENTS. ¢ CALIFORNIA Edward Ackerman, Lessee & Manager. AMUSEMENTS. GR A N OPERA HOUSE LAST TIME TO-NIGHT. FRANK L. PERLEY Presents Supported by FRANK WORTHING, In the New Comedy, THE LADY PARAMOUNT Founded by Madeline Lucette Ryley Upon the Novel by Henry Harland. ONE WEEK ONLY, BEGINNING TO-MORROW MATINEE VIRGINIA CALHOUN Supported by a Strong Company, In Her Own Dramatization of Helen Hunt Jackson’s Famous RAMONA USUAL MATINEE SATURDAY. SEATS NOW ON SALE 28e, S0c, TSe. 'COLUMBIA 5222 MATINEE TO-DAY. To-night and Sunday—Last Times. CHARLES FROHMAN Presents L0 BARRYMORE . Langtry; played by Langtry in London and New York. the great demand for Owing _to “FROU FROU" on the part of those who could not attend the matinee Miss Anglin has decided to give a SPECTAL PERFORMANCE NEXT SDAY. GRAND OPERA HOUSE Grand Opera By the Entire Company from the New York . Metropolitan Opera House. Under the Direction of To-day, Last Mat.] Mmes. Alten, Jacoby; In Augustus Thomas’ Comedy, At 1:45 p. m. |MM. Burgstalier, Van A e - 2 T OTHER GIRL In a pinch, use ALLEN'S FOOT-EASE, v e gyrom Mg eov T ‘powder for tired,aching feet. All druggists,25cs | MPISTERSINGER | triche, Greder. Conductor. DRSO S i %, TO-NIGHT, Mmes. Nordica, Homer, A Duftis Tvinl_Beston. | At 7:45 o'clock, |Jacoby; MM. ' Caruso, GVBASB ° The second trial of Anthony Curtin | Last Night of the | Scotti, Journet, mmc;«, - : E Season Begue. Conductor, Mr. n De Koven's Latest Comic Opers. on a charge of burglary was com: LA GIOCONDA. | Vi s Mg et S “RED FEATHER" Judge Cook’s court. At the first trial SCALE OF PRICES: Orchestra and Dress Circle, $7, $6, $3; Fam- the jury disagreed. Curtin is accused of breaking into the grocery and sa- loon of William Schroeder, 925 Mis- | sion street, with Clarence Franklin, on | the night of March 28, 1903. They | were discovered by Special Officer R. { D. Maloney and Curtin fired a shot at Maloney. Franklin was tried and con- victed and is awaiting sentence. ADVERTISEMENTS. Are You - Going to Europe? i Or if sending for relatives and friends, have them travel via the Old Reliable { CUNARD LINE for lux- ! ury, comfort, economy and H speed. Magnificent fleet, in- cluding the large and up- to-date steamship CARO- NIA, also the well-known fast steamers “Lucania,” “Campania,” “Umbria,” “Etruria,” “Ivernia” and Lowest rates “Saxonia.” to and from all points. Official through tickets issued. If you can’t call, write for rates. —= 8. F. BOOTH, General Pacific Coast Agent, Cunard Steamship Co., Ltd, and Union Pacific R. R. Co. 1 Montgomery St., San Francisco. | read $28,000 less, or about $320,000. Easy to quit COFFEE §/| when you have | well-made ——————— Postmasters’ League Formed. J. William McKinley, national or- ganizer of the League of Postmasters and editor and publisher of the Post- masters’ Advocate at Washington, D. C., has issued circulars to all Post- masters in the United States request- {ing them to join the League of Post- masters, whose object is to bring about the placing of fourth class Post- masters upon the classified civil ser- vice list. The circular contains the following extract: *“‘We have now a new Postmaster General and a new fourth assistant. Our enemy has de- parted from the department.” POSTUM and the change for 10 days works wonders We offer choice of two designs—one illus- trated. They are deeply cut, brilliant and eight inches tall, 2 good size for Easter flowers. Our magnificent collection embraces many other sizes and designs, including the choicest specimens of Libbey cut glass.’ Prices all the way from $1.75 to $55.00. Nathan- 122-132 fly Circle, three rows, $4, balance, $3; Top floor, two rows, $3, balance $2; Boxes, seating eighi, $80; seating six, WEBER PIANOS USED EXCLUSIVELY. oo T TVOE Iouse MATINEE TO-DAY. ..TO-NIGHT---EVERY NIGHT.. Hall and Stuart's Famous Musical Comedy FLORODORA By arrangement with Fisher and Ryley. SPLENDID PRODUCTION — Exeel - PAUL CONCHAS, THE MILITARY HERCULES: ‘Winona Shannon and Company; Jack Ma- | son’s Society Belles, and Orpheum Mo- tion Pictures, Sht a Trip Through Last Times of Georxe tzinger. Bertha W and Miss C. Boniface Jr. and 3 _Xnight Brothers Cooper and Robin- LIQUID AIR. Regular Matinees Every Wednesday, Thursday, Saturday and Sunday. Prices—10c, 25¢ and 50c. Proprietors. E. D. Price, Manager. ALCAZAR™ ™ TO-NIGHT--MATS. TO-DAY AND SUN. “Tom Moore is well worth your money and time.""—Chronicle. A Comedy of Irish wit and manners. Io As played by Andrew Mack. By Theodore The Love Story of Ireland’s Poet. HEAR HAROLD FORMAN, the Boy Soprano, Ballads in_the School-room Scene. Eve B5¢ o T5c. Mats.. Sat., Sun., 25¢ 0 506, NEXT MONDAY—The Collier Farce, THE MAN FROM MEXICO. SOON—When Knighthood Was in Flo GCENTRAL*Z: MAYER ‘Market Street, near Eighth. Phone South 533. Belasco & Mayer, Evening in the Theater. CHARLES BIGNEY Champion High Diver. TWO BABY TIGERS IN THEE 200. Electric Fountain Display To-NWight. RIDE ON THE CIRCLE SWING. Commencing To-morrow Afternoon. CLEOPATRA. BROWNE'S ADMISSION. . ... .10¢ | CHILDREN........5¢ MISCELLANEOUS AMUSEMENTS Forestry, Fish and Game .EXHIBITION MECHANICS’ PAVI.ION.M , PROPS MATINEE TO-DAY AND TO-MORROW. LAST TWO NIGHTS. PAUL REVE Great Historical Event Faithfully Repro- T uced, and No School Child Should Miss the ‘Production—Colonial Costumes and Paul Re- vere's Astounding Ride Warning the Minute Prices—Bve., 10c to S0c. Mats., 10c, I8¢, 35c. APRIL 17—THE CORNER GROCERY One of the Funniest Farces Bver Written, Coast Athletic Championships. Admission, 50 cents; Children, 10 cents all day. 25 cents in evening. SUNDAY—FAREWELL DAY—Admission 28 cents; Children, 10 cents. BASEBALL. -5