The San Francisco Call. Newspaper, January 7, 1906, Page 43

- Pages 4 ———— 3t056 SAN FRANCISCO, SUNDAY, JANUARY -~ 7, 1906. Pages i 3t056 EFEES . 1 SEQUOIA “TWELFTH NIGHTT)MPKINS IS PLEASANT EVENT. done by Maynard Dixc nbaum, Lorenzo P. Latim e no sensitive souls LEs be they are 3 . Twelfth Night” ~ € the most delightful £ yet been sponsor for. 3 of its kind soon ma SMOOT’S FOES SAY HE WILL BE OUSTED im to Have the Necessary Majority in the Senate. U, POST BUILDING, Jan, 6~It 1s believed Smoot, now under ng on an interesting (lai BUREA 4 to the Senate is one the Mormon Senator from expelling him. It is n prosecution of as the protest t was filed before hie taking the oath of office, s one of exclusion, which e a majority vote. It is evi- = held by Benator the Committee on while Senator one calling for r the constitution, te. »pposed to s being as to ng the end they de- s of Smoot express con- ey will have the two-thirds necessary to expel him x believes his commit- deciston in the Smoot aps by February 15 v vet be taken very decided change members, it is the s and others in report will be e minority being exceed- a ents of the Will Turn State’s Evidence. AHA, Neb, Jan. 6.—Harry Welch ank Lambert, who were indicted with Rev. George G. Ware, on a of cons to defraud the lic lands, to-day d that the two will be used by Government the sgainst Ware, whose agents they are |papooss are not thought to be fatally satd to have been. injured. A iy in the Federal Court. It | tured his jaw. atures by Well-Known Artists Produce Great Mirth, and Minuet and ' Vocal Numbers l Are Features. . Justice of Peace of Bakers- field Wins His Fight for Coin Due for His Services | BAKERSFIELD, Jan. 6.—On the ad- | vice of District Attorney Laird, the Su- | pervieors to-ay ordered payment of the claims of Justice W. S. Millard, ag- gregating $4248. This, added to the amount on a former claim, makes the total Judge Millard has collected under | the fee system nearly $5000. ' The District Attorney appeared, be- | fore the board this morning and Roti- fied them that he had exhausted every legal means in resisting the demands | of the Justice of the Peace, and that further litigation was not only hope- less, but would add an unnecessary ex- pense to the county. ’ It now appears that Judge Millard | intends to still further contend for fees rather than salary as compensation for his work. The new county government act, which recently went into effect, | wak supposed to have remedied the de- fects of the old law, and in the begin- ning Judge Millard accepted his salary of $126 a month. But f6r the last five months he has refused to draw his sal- | ary, and the presumption is that he has | legal advice that the amended law will | mot stand the test and that he can con- | tinue to collect fees instead of salary. }DYNAMITE IN WOOD | USED BY AN INDIAN | Redskin Killed and Squaw | and Papoose Injured by Explosion. Special Dispatch to The Call, | RENO, Jan. 6.—A stick of giant powder {in a stick of wood caused the death of George Moffitt, 2 Plute Indian, this even- ing and serfously injured his squaw and papoose. Moffitt purchased some wood to-day, and in the evening his wife used | it to cook supper with. The three were | seated around the stove, when suddenly | there was a violent explosion. The stove |flew in all directions A plece of it | punctured one of Moffitt’s lungs, another broke his leg and a third plece frac- The three Indlans were taken at once to the County Hospital, as witnesses | where Moffitt expired. The squaw and + TAKES SHOT THAN SALARY BRAVE GIRL AT BURCLAR i e Kate Foley Captures House- breaker at Pistol Point and, Keeping Him Covered, - Drives Him From Home Luck favored Richard Lyons, porch climber, last night, when the fair Kate Foley, whose father's house he had bur- glariously entered, closed both eyes and banged away at him with an antiquated revolver, with which she had kept him | covered for'several minutes. That Lyons occupies a City Prison cell, instead of .a Morgue slab, is due to the fact that Miss Foley shot about as straight as she would throw a stone. | Miss Foley had escorted her captive to the street door and sternly commanded him to “git,” when the temptation to take a shot at his retreating form overcame her, and she opened fire. The noise of the shot attracted a neighbor, F. Peter- son, who pursued Lyons and held him | untfl Detectives Graham and Harrison of | the Seventeenth-street station took him |in charge. | While Peterson was pursulng Lyons | Miss Foley endeavored to the best of her ability to lend ald and summon help by | discharging her revolver as rapidly as a | rusty trigeer would permit, but the faulty | &ction of the gun saved the neighborhood | trom bombardment. | Lyons was taken to the Seventeenth- street station, and to Captaln Anderson gave his occupation as that of teamster for Zellerbach & Sons, dealers in paper, and later contradicted this assertion by claiming he was a Wells-Fargo driver. He was booked on & charge of burglary end sent in the patrol wagon to the Hall of Justice. He now awaits bail at the City Prison, The attempted burglary occurred yes- terday evening at about 7:30, at the home of Miss Foley, at 2198 Folsom street, over the galoon at that number owned by her father, Patrick Foley. The Foleys, moth- er and daughter, had cleared away the dinner dishes and were washing them in the kitchen, when Mrs. Foley heard a window on the Eighteenth-street side of the house opened cautiously. She told her daughter that some one was trying to enter the house, and while her mother started to find the reason for the visit her daughter hastily entered an edjolning rcom and secured the pistol, which belongs to Mr. Foley. Following in the footsteps of her mother Kate came upon & man crouching behind e chalr in the room. Instantly divining the cause of the fellow's presence, she bravely and sternly told him to stand up, at the same time leveling the pistol and keeping the intruder covered. She or- dered him to throw up his hands and follow her. Backing out of the room, followed by the burglar with upralsed hands, the girl led the way, still backing, down the stairs to the street door. This she hastily flung open, stepped aslde and ordered her captive to depart. The man obeyed order with alacrity and started on a sprint for the street. Then, woman-like, Miss Foley ‘‘changed her mind” and started the bombardment. Lyons must have gained entrance to the room by crawling along tae saloon sign %nt ‘l:lmlll beneath the window he entered. | this point mext Saturday, | of the prison and the State. MUSTCOIS THE DECISION Board Will Remove San Quentin's Warden. Inability to Get Along With Subordinates the Cause. Directors Not Ready to An- nounce Result or Name New Head of Prison. The rule of Warden J. W. Tompkins at San Quentin prison is about to end. Another week and his successor will | have been appointed. Yesterday’s pro- ceedings before the Board of Prison Directors at its meeting at San Quen- tin left no room for doubt in the minds of those who have been closely follow- ing the investigation of the past six weeks that Tompkins has been tried ax the chief executive of the prison and found wanting. The only ques- tion now is whether he will be al- Jowed to resign quietiy or will be sum- marily dismissed. The board of direc- tors will announce their decision on Yesterday's session of the directors completed the taking of testimony. Their work was significant from the ery beginning. Warden Tompkins s ordered before the board and for hour was closely questioned W over an along every line of his government. His relations with the officers under his control was the main topic of questioning, and all of the troubles of the past month were brought to light. Tompkins left the inquisitorial cham- ber looking anything but pleased. Nor would he divulge the sharp ques- tions that must have been asked him. About the faces of the corps of of- ficers who are bitterly opposed to the rule of the warden wunusually happy smiles appeared about the middle of the afternoon. The occasion was the summoning of some twenty prisoners. sach of these prisoners had a com- plaint against Warden Tompkins. There was Edwards, who says that he suffered untold tortures in a strait- jacket for 139 hours at a stretch for a crime of which he was not guilty of even attempting, the smuggling of opium. Adams, another prisoner, was there to tell how he had been punished for another’'s offense without a falr hearing by the warden. These pris- oners were all ranged in the clerk's office waiting to be summoned. Sud- denly the word came from the direc- tors that the convicts should return to work and the reason given was “that their testimony is mot necessary, we have already heard enough.” The of- ficers opposed to Tompkins took this evidence as conclusive that the board would decide In their favor. The board of directors adjourned at 5 o'clock In the afternoon. [They an- nounced to the press that they would not give their decision to the public until next Saturday. That was all that they would say. They would not even say that they had reached a decision. There is no doubt, however, that a de- cision has been reached and that Tompkins is slated to go. Tompkins’ downfall is not caused by any crooked work or dishonesty in his adminlstration. The members of the board all say that as a man they have the highest regard for his honesty, sincerity and intensity of good pur- pose. But Warden Tompkins has not been able to get along with his of- ficers. - That is the secret of the whole. trouble. The prison was divided against itself. Some one’s downfall under such conditlons was Inevitable. Tompkins was sacrificed for the good Had he been vindicated a wholesale clean-out of the officers of the prison would have taken place. The complaints against Warden Tompkins are well known to the pub- lic by this time. The officers ' first complained to the board of directors several gponths ago, and in November the board deécided to make an investi- gation. An unsatisfactory condition of affairs was discovered. There was an unreconcilable breach between the officers and the warden. The investi- gation did not tend to heal the wound. The officers sald openly that Tomp- kins was tactless, domineering and made rules which brought discomfort to them without bringing any benefit to the prison. They claimed that he allowed them no discretionary powers, but insisted on personally supervising even those things about which e knew nothing. The most bitter charge brought against him was that he had established a system of esplonage whereby the favored convicts were to spy on the officers and report to him. The officers openly sald that this ae- tion was fatal to their discipline. FEDERATION OF LABOR ENDS ITS CONVENTION [ The convention of the State Federation of Labor came to sts close The anti-political amendment having been shelved, the yesterday. delegates foined in an imposing demonstration of harmony. were voted to The Call for 1ts accurate reports of the proceedings. - Thanks - Delegates Finish Their Work With Words of Thanks and Expression of Good Will HOS % COALLAGHERE 15T~ Ve PRES. PRES "2 Vice - - — The convention of the State Federa- tion of Labor ended its labors yester- day and adjourned to the first Monday in January of next year. The next meeting will take place in Stockton. The last day was as full of toil for the delegates as the preceding five days had been, but ended in a pleas- ing interchange of complimentary mo- tions and expressions of good will Many Important resolutions were passed; thapks were voted to the peo- ple and offifers of Oakland, to officers of the convention and to the press. a special vote being given to the San Francisco Call for its accurate reports. ~The anti-political amendment, after being debated all morning, was finally Jaid on the table on the motion of its own supporters in order that the other business of the convention be finished during the day. The exponents of this measure, which provides that no po- ltical office-holder shall be an officer of the federation, stated, however, that they would keep up the fight during the year. This will be done through the clause in the constituilon that gives the right to any seven unions to subject any proposition to a referen- dum of the others. The convention was called to order at 9:15 by President Knox and the four-day battle on the anti-political amendment was resumed. On the pre- vious day a roll call vote on the mo- tion of Francls Drake of Los Angeles to refer the amendment to a referen- dum of the affillated unions had been aken, and just before adjournment had been annouhced to have obtained by one and a half votes the two-thirds majority made necessary by the ruling of President Knox. Upon reconvening yesterday, however, the committee on recount announced that there had been a mistake In the counting and that the measure had been lost by 1834 votes. FALSE VOTING ALLEGED. Immediately D. Doggett of the San Franclsco printing pressmen read the following declaration: “I am a delegate to this convention from the printing pressmen of San Francisco. I was absent during the roll call vote yesterday. To my great surprise I find this morning that George B. Benham, also a delegate from my union, voted yestérday my 85% votes without my consent and in opposition to my convictions, against the measure providing that the anti- political amendment be subjected to a referendum. I emphatically protest against the action of George B. Ben- ham and ask that my votes be deducted from the, total announced.” There was a moment's uproar, the deducting of Doggett's 85% votes meaning the carrying of the referen- dum measure. President Knox ruled that the roll call having been closed the votes could not be changed. During the investigation other faots against the warden were brought out. Cruelty to prisoners was alleged and cases wefe cited. The December pay of the warden and of all of the officers 1s still held up because he had fafled to pay for certain laundry and for the feed for his son’s horse. All these ! facts alded the directors in determin- ing that Tompkins must go and an- other take his pll’cut ;l head of the in- stitution, even ough Tompkins claimed that he ha’ a better disci- plined and more economically.conduct- ed prison than ever before. ‘Warden Tompkins' successor has not | gates of my union and we declded to yet been determined upon. Tom Gibson is a strong the position. Sh Costa County.is also In the race. So is ex-Captain of the Guard J. C. Ed- gar, hitherto unmentioned. Clerk J. Oltver declares that he is not after position and that he will e practice of law in San Datective the Francis Drake of Los Angeles ap- pealed from the decision of the chalr with the following words: “We are told by a delegate that the votes that belong to him absolutely were voted agamst his knowledge and agalnst his consent. We do not ask the votes to be changed. We ask merel¥ *that the fllegal votes be deducted.” B BENHAM EXPLAINS, - George B. Benham made the follow- ing explanation of his polling of Dog- fdt'l votes: “When the vote came up consulted with two of the other dele- 4 S. D -SIMMONS 2% vica Prea e THE ANNUAL CONVENTION WHI 0 [ the referendum proposition then came under consideration. Doggett said in sup- port of his motion: “My position is this: It was Impossible for me to be here yes- terday. I gave nobody any.right to vote any of my votes. I find that during my absence a delegate of my union voted my votes against my consent and opposite to the way my convictions would force me to vote them. I ask that my votes, fllegally cast, be deducted.” A sharp debate ensued, in which took part R. J McIntyre, A. J. Gallagher. Thomas Lonergan, Conrad L. Ochs and George W. Smith. The noon recess ended the argument. At that time the xclor)’ of the referen- dum supporters seemed assured. The mo- | tiony to deduct Doggett's votes nesded only!a majority and the result would be to carry the referendum measure. Throughout the sitting of the convention the anti-poiitical amendment men had controlled & majority, though seemingly | not the two-thirds nmecessary to pass the | emendment. The vote of the early morn- ing sustaining Drake's appeal against the chair had again shown this majority. AMENDMENT IS TABLED. During the noon recess a conciliatory feeling prevailed, however. It was seen that -further consideration of the anti- political measure would take up the re- matnder of the session, leaving no time for other business. When at 2 o’clock the convention was again called to order Francis Drake moved that the whole proposition of the anti-political amend- ment be lald on the table. The motion was carried by 91 to 41. Later in the d& Francis Drake, Secretary Bonnington an Assistant Secretary Michelson announced that the fight would be kept up between conventions and the measure subjected to a referendum of the affiliated unions. Atter the final nuournx‘::‘c. W. Petry of Oakland called a m: of the sup- porters of the measure in the rooms of the Central Labor Council. Rev. C. R. Brown of the Oekland First Congregational Church visited and ad- dressed the convention during the morn- ing session. “You trade unionists,” he sald, “represent an important principle, that of solidarity. There is a great breath of soclal sympathy in your move- ment. a “The right of & man to run his own business in his own way has & limitation— that it 1s run so as to give a fair amount of prosperity to those that work for him. The right of a persen to work as he wants to has a limitation—to work so as not lessen the chance of others to live decently and with the chance of deing thelr duty and raising well their families. The right to work of a Mongollan has t he shall not injure | GROUP OF OFFICERS OF THE STATE FEDERATION OF LABOR. ELECTED AT ICH_YESTERD: SION IN OAKLAND, ADJOURNING TO MEET NEXT YEAR IN STOCKTON. )AY HELD (IS FINAL SES- That the executive council prepare an address to all affiliated organizations en- couragng economic co-operation; intro- duced by Harry W. Smith of the Vallejo machinists. That the executive council submit a re- port giving the name of each Judge issu- ing an injuncticn curtailing in any way the constitutional rights and privileges ol an organized labor body, with the date upon which the office of sald Judge will expire; Introduced by Frank Schallens berger of San Francisco. Authorizing the executive council to ex« pend $450 during the year for the propagae tion of the use of union labels; introduced by I Jacoby and H. Chemnick of Sug Francisco. Instructing the executive couneil to make efforts to discourage the erection of a shoe factory in the prison of the Stite of Oregon; introduced by J. Stephens and James Crosby of San Francisco. Recommending to the unions study of the principles of initiative referendum, as appled to the n of the officers of the federation} intro- duced by George Keeling of Indorsing the journeymen barbers of San Francisco in their efforts to bettes the sanitary conditions of thé barbes shops of San Francisco; introduced by Danlel Tattenham. Requesting the exascutive ta collect data In all the m-tuom- ada on the use of co-operative indus- tries In winning Strikes for labor; introduced by Robert ot Scotia. Condemning the method of finances by which dividends are paid on watered stocks; introduced by Georg¥ Keellng of Eureka. Requesting all gas and eleotrical ‘workers to agitate for municipal own~ ership. Requesting members of the tion to support the label of the makers. . Requesting all the unions of Califore nia to assist the photo-engravers in ob- taining the closed shop; Introduced by A J. Gallagher. necessity of war- fare agalnst cigars not Dbearing the union label; Introduced by H. Clemens and H. Warnecke. Indorsing the establishment by the municipality of a free employment of- fice in Sen Francisco; introduced by G. B. Benham of San Francisco. Imposing a fine of 35 on all members patronizing “unfair” houses; introduced h’R{.‘J. Galvin of Sacramento. ommending the advisability of . a meeting of delegations of all bodies working for Korean-Japanese exclu- sfon; Introduced by T. F. Marshall of Oakiand. . SYMPATHY FOR RUSSIANS. The following resolutions were pass- ed as an expression of the convention for the people of Russia: 2 ed, That we, the delegates of the California State Federatien of La- ‘bor, assembled in conyention, extend to our brothers in Russia our heartfeit sympathy, wishing them ess in abolishing autocracy, do& and " Continued on Page 45, Columa &